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The status of occupied Tibet under international law by Andrew McAlister Eva Herzer a mediator and attorney in Berkeley California is president of the International Committee of Lawyers for Tibet Is this difference in the worlds response to the occupation of Tibet justified based on differences in the legal status of Tibet Kuwait and Afghanistan before invasion An examination of pertinent international law reveals that the answer is negative Tibet like these other nations was a sovereign state prior to its invasion and annexation As such it is entitled to govern itself Its legal claim of sovereignty is based on both territorial integrity and the right to self-determination This article will examine each in turn ITERRITORIAL INTEGRITY THE SINO-TIBETAN TREATY OF 821823 AD Translated from the inscription on the west face of the stone pillar at Lhasa If the parties do not act in accordance with this agreement or if it is violated whether it be Tibet or China that is first guilty of an offence against it whatever stratagem or deceit is used in retaliation shall not be considered a breach of the agreement Thus the rulers and ministers of both Tibet and China declared and swore the oath and the text having been written in detail it was sealed with the seals of both great kings It was inscribed with the signatures of those ministers who took part in the agreement and the text of the agreement was deposited in the archives of each party CONVENTION BETWEEN GREAT BRITAIN AND CHINA RESPECTING TIBET Signed at Peking 27 April 1906 Ratified at London 23 July 1906 The Government of Great Britain engages not to annex Tibetan territory or to interfere in the administration of Tibet The Government of China also undertakes not to permit any other foreign State to interfere with the territory or internal administration of Tibet AGREEMENT FOR THE RESTORATION OF PEACEFUL RELATIONS AND
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