중국의 영토 분쟁 사례를 통해 본 중국의 영토 취득에 대한 관행 분석

Chinese Territorial Disputes, Chinese Practice of Territorial Acquisition, and International Law: With a Special Emphasis on Tibet Case

This research provides a broad framework for better appreciation and resolution of the territorial dispute over Tibet, by applying the relevant international law relating to territorial acquisition and loss. First, the general understanding of constituting a valid claim to territory from the perspective of international law is set forth. In analysing traditionally recognised modes of territorial acquisition and loss, and reflecting upon new developments in international law relating to territorial disputes, this research will explore a broad framework for the appreciation of the nature of territorial disputes over Tibet. For this purpose, this research focuses on the following: the geographical and historical background of Tibet; the legal arguments produced by each of the claimants for claiming sovereignty over Tibet; and the implications of the distinctive nature of the territorial disputes over Tibet. Considering the fact that China has instituted numerous policies designed to solidify control over Tibet and its people since the 1950 Chinese invasion of Tibet, current understanding of international law, thus far, has offered little hope for Tibet. After over 50 years of Chinese rule, Tibet seems no closer to independent. Thus, the presence of a significant Tibetan people in Tibet introduces an additional legal dimension of the principle of self-determination. This article reviews developments in the understanding of a right to self-determination under international law in terms of the right’s applicability and potential for resolving the Tibetan people’s claims for self-government or independence.