DOI Page / Citation link:
https://doi.org/10.11588/diglit.22469#0177
May 15, IMO «i.n«i*B«n C.i.m
that the delimitation, when made, ooaid be as
precise ai possible.
Meanwhile Tibet, over which China had a
sort of suzerainty since the eighteenth century,
had declared herself independent in 1S)12 taking
advantage of the overthrow of the Manchu dynasty
in Peking in 1911. This declaration of indepen-
dence had come about as a result of a strong
nationalist movement, and was made the easier
because Tibet always had an autonomous status
with the right of entering into treaty relations
with other State*. Tibet's declaration of indepen-
dence was accepted as Valid by Britain—in the
present view, justifiably on principles long sanctified
by international practice and now formulated by
a high authority like Lauterpacht relating to the
creation of new States aa a result of strong
nationalist movements.
In order to have an amicable settlement of
the borders of Tibet—aa between herself and
China and as batween herself and India—Britain
called a tripartite conferenc in Simla in 1913-14
in which Tibet and China participated , on an
equal footing with each other and with Britain.
There were- differences of opinion in respect of
the boundary between China a d Inner Tibet,
and between Inner, Tibet and Outer ' Tibet, but
none in respect ut the boundary between Tibet
and India. The Convention drawn up at the
Conference was initialled by the three pleni-
potentiaries but was signed only by the British
and the Tibetan; in a map attached to the
Convention the borders of Tibet and the boundary
hotween Outer and Inner Tibet were shown in
red and blue respectively. The Simla Treaty
being validly entered into by Tibet, the British
Government of India fixed as at the time of
conclusion, the boundaries between Tibet and
India under international law. The treaty operated
to this effect regardless of China's acceptance or
non-acceptance of the treaty. China in absorbing
Tibet could succeed only to the territorial domain
of Tibet ns it existed under international law,
that is, us delimited by the Simla Convention.
2. India's TitU as Bastd on Long Exercise
of"Soc<"eignty." Independently of the above treaty
root of title, the Indian Government and its
predecessor manifested throughout the modern pe-
riod both the animus and the degree of control
necessary under international law for acquisition
of title, by acquiaive occupation.
3. India's TitU as Based on the Natural
Boundary. Finally, again independently of both
of the preceding roota of title, if there wore any
substance in the Chinese contention that the
north-east torn tier hfea not been' delimited; then'
the relevant rules, of isiternatuumi -law would bo
those concerning the fixing of frontiers in default
of any specific delimitation by agreement or other-
wise. These rules must clearly lie the well-known
rules concerning "natur-U'' [rentiers. 'These mien,
it is cloar from the authi.ritics, for terrain of the
characteristics here hi question, are the rules of
the crest and the watershed, the watershed being
preferred in case of doubt. It is scarcely open
to., question that the MoM&hon delimitation is
based essentially on the principle of the watershed.
—Journal Qf International Studies.
( Concluded )
JUST UNPACKED
THE REVOLT IN TIBET
BY FRANK MORAES
The hook whioh deal* with the events
in Tibet whioh Ud finally to the
Dalai Lama's flight. It alio
offers a brief survey of ,
Tibet's history & people.
INDIA TODAY
BY FRANK MORAES
It deals primarily with Independent
India over the past twelve years.
PRICE RS. 7.50 EACH
HIMALAYAN STORES,
KALIMPONG.
that the delimitation, when made, ooaid be as
precise ai possible.
Meanwhile Tibet, over which China had a
sort of suzerainty since the eighteenth century,
had declared herself independent in 1S)12 taking
advantage of the overthrow of the Manchu dynasty
in Peking in 1911. This declaration of indepen-
dence had come about as a result of a strong
nationalist movement, and was made the easier
because Tibet always had an autonomous status
with the right of entering into treaty relations
with other State*. Tibet's declaration of indepen-
dence was accepted as Valid by Britain—in the
present view, justifiably on principles long sanctified
by international practice and now formulated by
a high authority like Lauterpacht relating to the
creation of new States aa a result of strong
nationalist movements.
In order to have an amicable settlement of
the borders of Tibet—aa between herself and
China and as batween herself and India—Britain
called a tripartite conferenc in Simla in 1913-14
in which Tibet and China participated , on an
equal footing with each other and with Britain.
There were- differences of opinion in respect of
the boundary between China a d Inner Tibet,
and between Inner, Tibet and Outer ' Tibet, but
none in respect ut the boundary between Tibet
and India. The Convention drawn up at the
Conference was initialled by the three pleni-
potentiaries but was signed only by the British
and the Tibetan; in a map attached to the
Convention the borders of Tibet and the boundary
hotween Outer and Inner Tibet were shown in
red and blue respectively. The Simla Treaty
being validly entered into by Tibet, the British
Government of India fixed as at the time of
conclusion, the boundaries between Tibet and
India under international law. The treaty operated
to this effect regardless of China's acceptance or
non-acceptance of the treaty. China in absorbing
Tibet could succeed only to the territorial domain
of Tibet ns it existed under international law,
that is, us delimited by the Simla Convention.
2. India's TitU as Bastd on Long Exercise
of"Soc<"eignty." Independently of the above treaty
root of title, the Indian Government and its
predecessor manifested throughout the modern pe-
riod both the animus and the degree of control
necessary under international law for acquisition
of title, by acquiaive occupation.
3. India's TitU as Based on the Natural
Boundary. Finally, again independently of both
of the preceding roota of title, if there wore any
substance in the Chinese contention that the
north-east torn tier hfea not been' delimited; then'
the relevant rules, of isiternatuumi -law would bo
those concerning the fixing of frontiers in default
of any specific delimitation by agreement or other-
wise. These rules must clearly lie the well-known
rules concerning "natur-U'' [rentiers. 'These mien,
it is cloar from the authi.ritics, for terrain of the
characteristics here hi question, are the rules of
the crest and the watershed, the watershed being
preferred in case of doubt. It is scarcely open
to., question that the MoM&hon delimitation is
based essentially on the principle of the watershed.
—Journal Qf International Studies.
( Concluded )
JUST UNPACKED
THE REVOLT IN TIBET
BY FRANK MORAES
The hook whioh deal* with the events
in Tibet whioh Ud finally to the
Dalai Lama's flight. It alio
offers a brief survey of ,
Tibet's history & people.
INDIA TODAY
BY FRANK MORAES
It deals primarily with Independent
India over the past twelve years.
PRICE RS. 7.50 EACH
HIMALAYAN STORES,
KALIMPONG.