The Legal Status of Tibet

Recent events in Tibet have intensified the dispute over its legal status. The People's Republic of China (PRC) claims that Tibet is an integral part of China. The Tibetan government-in-exile maintains that Tibet is an independent state under unlawful occupation.

The question is highly relevant for at least two reasons. First, if Tibet is under unlawful Chinese occupation, Beijing's large-scale transfer of Chinese settlers into Tibet is a serious violation of the fourth Geneva Convention of 1949, which prohibits the transfer of civilian population into occupied territory. Second, if Tibet is under unlawful Chinese occupation, China's illegal presence in the country is a legitimate object of international concern. If, on the other hand, Tibet is an integral part of China, then these questions fall, a China claims, within its own domestic jurisdiction. The issue of human rights, including the right of self-determination and the right of the Tibetan people to maintain their own identity and autonomy are, of course, legitimate objects of international concern regardless of Tibet's legal status.

The PRC makes no claim to sovereign rights over Tibet as a result of its military subjugation and occupation of Tibet following the country's invasion in 1949-1950. Thus, China does not allege that it has acquired sovereignty by means of conquest, annexation or prescription in this period. Instead, it bases its claim to Tibet solely on their theory that Tibet has been an integral part of China for centuries.

The question of Tibet's status is essentially a legal question, albeit one of immediate political relevance. The international status of a country must be determined by objective legal criteria rather than subjective political ones. Thus, whether a particular entity is a state in international law depends on whether it possesses the necessary criteria for statehood (territory, population, independent government, ability to conduct international relations), not whether governments of other states recognize its independent status. Recognition can provide evidence that foreign governments are willing to treat an entity as an independent state, but cannot create or extinguish a state.

In many cases, such as the present one, it is necessary to examine a country's history in order to determine its status. Such a historical study should logically be based primarily on the country's own historical sources, rather than on interpretations contained in official sources of a foreign state, especially one claiming rights over the country in question. This may seem self-evident to most. When studying the history of France we examine French rather than German or Russian source materials. I am making the point, however, precisely because China's claim to sovereignty over Tibet is based almost exclusively on self-serving Chinese official histories. Chinese sources portrayed most countries with whom the emperor of China had relations, not only Tibet, as vassals of the emperor. When studying Tibet's history, Tibetan sources should be given primary importance; foreign sources, including Chinese ones, should only be given secondary weigh.

Xiaoping changed China's policy he realised China was at breaking point. .... The Chinese leaders know only too well that it has to improve living standards to contain social unrest particularly outside special growth areas. The question is whether the free world should help China overcome its economic difficulties without string?
Do ethics come in before profit and if so what ethical considerations are relevant? Should trade and the supply of technology be linked to the question of Tibet and human rights in Tibet and China? Without rapid economic growth the PRC of China risks increased civil unrest and possible disintegration. The free world is far from powerless. Support for the Chinese economy may be the free world's opportunity to do something. As the Dalai said on 2 April 1998:

"....a free and democratic China is not only advantagous to China, but is important to the rest of the world as well. Therefor it makes sense to engage with China. It would be useless to isolate China. China must be brought into the international circle. For this to be achieved, China must be sincere, with a spirit of true friendship and have pure and clear intentions. The lies and mistakes of the past should be settled clearly and in a friendly spirit. Concealing the truth about China and insincere flattery have no place. They will not help the image of China. The way to resolve these issues is with respect and sincerity, mistakes must be pointed out sincerely. It is important that the world knows the truth."

http://www.tibettruth.com/i...

http://www.uprisingarchive....

http://tibetjustice.org

http://www.gfbv.ch/index_en...

http://www.berzinarchives.com

http://www.savetibet.org/fi...