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A Study On The Dispute Over The Territory Of Southern Tibet Between China And India

Posted on:2012-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:M HuangFull Text:PDF
GTID:2166330332474783Subject:International Law
Abstract/Summary:PDF Full Text Request
The dispute over the territory of southern Tibet between China and India is, after all, a history problem derived from the British colonial period. India has tried to inherit the privilege and treaties of British colonial government in and with Tibet after its independence, so as to assert the sovereign rights over the territory of southern Tibet. On the one hand, the Indian government holds that southern Tibet where the British Indian government invaded in 19th century was nulleterresansmatre with tribes but without government sovereignty over it, thus it claims its sovereignty over the land through occupatio. On the other hand, India further claims that the Simla Treaty concluded by and between China and India in the 20th century is of legal force, in which China agreed to cede to India. To further explore into the history, the Tu Bo, Tibetan regime in ancient China occupied partial territory of southern Tibet early in the 7th century. By the 13th century, the central government of Yuan dynasty conquered the Tu Bo and included the southern Tibet into China's territory. Though there were dynastic rules in China and conflicts between the local government of Tibet and the Chinese central government, each Chinese central government has never disclaimed its sovereign rights over Tibet including the southern Tibet and has exerted effective jurisdiction. Therefore, China's sovereignty over southern Tibet has never discontinued. However, the Simla Treaty had never been officially signed, moreover, the subject of this treaty had no connection to the boundary of China and India. From the perspective of international law, southern Tibet should be a part of Chinese territory and the assertion of India has no legal basis.
Keywords/Search Tags:dispute over territory of southern Tibet, Simla Conference, McMahon Line, change of territory
PDF Full Text Request
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