The Sovereignty Of Southern Tibet From The Perspective Of International Law

Southern Tibet is adjacent to the Indian state of Assam and is located in the eastern section of the Sino-Indian border.It covers an area of more than 90,000 square kilometers and is the largest area in the Sino-Indian territorial dispute.This is the hometown of the sixth Dalai Lama Cangyang Gyatso,which has been our territory since ancient times。Historically,the Assam region did not belong to India,Southern Tibet and Assam have always been bounded by the southern foothills of the Himalayas,which is based on the historical jurisdiction of the two countries.The Assam region was later invaded by the British and was included in India after its independence.Therefore,it can be said that the southern border of the foothills of China and India is the traditional borderline,and history has always been peaceful.After the British colonized India,southern Tibet began to become uneven.Especially after India became independent,it sent troops to illegally occupy Dawang,a major town in the southern corner of Tibet in February 1951,and occupied southern Tibet by 1953 Across the region,a border war broke out between China and India in 1962.This series of actions completely pushed the Sino-Indian dispute over Tibet to the climax,making it not only the main contradiction between China and India,but also the focus of international attention.The reason why India did this was based on the "Simla Treaty" signed by the Chinese,British and Tibetan parties at the Shimla Conference during the British-Indian government’s decision to determine the eastern border of China and India.This treaty pushed the traditional boundary line between China and India from the original foothills to the north to the Himalayas ridge.This is the infamous"McMahon Line".Although China has not formally signed this treaty,and successive governments have not recognized the "McMahon Line",after India’s independence,it unilaterally used the "McMahon Line" as the boundary line between China and India for reasons of inheriting British heritage,Coupled with the important value of southern Tibet,it is not only rich in geographical resources,but also related to the security of southwestern China’s borders.Therefore,after independence,India can’t wait to take advantage of China’s deep plunge in the Korean War and send troops outright to seize South Tibet,which has always belonged to our country,as its own.China has enjoyed sovereignty over southern Tibet since ancient times.In the 7th century,Tubo occupied and ruled here.By the Yuan Dynasty,Tibet was included in the territory of China.The Yuan,Ming,and Qing Dynasties have all managed this administration.India has been occupying southern Tibet for nearly 70 years.Not only that,the Indian side has repeatedly provoked border disputes,and even hesitated to use,distort and fabricate rules of international law.Officials even faked and fabricated"evidence" to prove what India called The legitimacy of sovereignty claims.Therefore,this article starts with the reasons for the dispute between China,India and southern Tibet and the main issues involved,and enumerating the claims and legal basis of India,from the perspective of international law,the relevant principles of international law and the rules appearing in the jurisprudence of relevant international judicial institutions,a comprehensive analysis of India’s claims,discussing the illegality of Indian claims.At the same time,proposes the legal basis for China’s sovereignty over southern Tibet.Finally,in light of China’s shortcomings in handling disputes in southern Tibet,some crude suggestions are made.The full text is divided into the following four chapters:Chapter one mainly introduces the origin of the China-India-Tibet dispute and the actual factors affecting the dispute,as well as the main issues involved in the dispute.It is clear that the dispute over the sovereignty of China-India-Tibet Southern Tibet revolves around two issues.One is the legitimacy of the "McMahon Line",that is,whether it can become the basis for India to claim sovereignty over southern Tibet.The second is whether China has exercised effective jurisdiction over southern Tibet and enjoys sovereignty.Chapter two lists the claims of India and its legal basis,Adopts the provisions of treaty law on the effectiveness of treaties,the rules of international law on the delimitation of borders,and the provisions on default principles in international judicial practice,Analyze the Indian claims one by one,and prove the illegality of the Indian claims,This solved the first problem.The "McMahon Line" is illegal and cannot be used as a basis for India to advocate the Sino-Indian border.Chapter three discusses the legal basis of China’s sovereignty over southern Tibet.Mainly from the historical basis and historical rights in international law and key date rules,it proves that China has sovereignty over southern Tibet,This answers the second question.Our country has conducted effective jurisdiction in southern Tibet since ancient times and has enjoyed sovereignty in southern Tibet.Chapter four proposes some superficial suggestions for China’s problems in handling the southern Tibet issue.