Overview

In 1951 Tibet was incorporated into the People's Republic of China by the Seventeen Point Agreement. Today the legal status of Tibet remains a matter of contention between the PRC and the Tibetan-Government-in-Exile. Both rely upon on legally ambiguous British engineered treaties to make their case. The inconsistent representation of Tibet's status in treaties is not, however, a reflection of the ambiguity of Tibet's status itself; it is a reflection of the ambiguity of such treaties in the context of the positivist-colonial encounter. Drawing upon British Government archives, this book examines the issue: to what extent, in what ways, and with what effects has the British imperial legacy in the region converged with Chinese formulations of law and governance in Tibet to prejudice understanding of Tibet's legal status. This addresses a significant gap in international legal literature, which seldom discusses Tibet outside of considerations of minority rights within the PRC. This book argues that an assessment of imperialism and its relationship with nineteenth century international law is essential to explaining the events of 1951, but it is only through a reassessment of the postcolonial that the absence of discussion of Tibet's status in international legal discourse can be explained. The history of Tibet's legal status highlights contradictions embedded within modernity and exposes the mythological foundations of the modern secular state's narrative of progress. Manufactured Obscurity concludes that the much emphasised clash between Western and East Asian values in the field of international law in truth operates along a much narrower divide than might be presumed. This is best assessed as a reflection of the contradictions inherent to the postcolonial within international law; involving both a pushing away of the imperialistic past and a reaffirmation of its continuity in order that modern commitments to the rule of law retain value.

Full Product Details

Author:   Amy Kellam
Publisher:   Wildy, Simmonds and Hill Publishing
Imprint:   Wildy, Simmonds and Hill Publishing
Weight:   0.555kg
ISBN:  

9780854901692

ISBN 10:   0854901698
Pages:   284
Publication Date:   30 September 2015
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Introduction Chapter One Introduction The Tibetan Legal Tradition The Tibetan Administrative System Tibetan Relations with the Mongols Tibetan Relations with the Ming Dynasty Tibetan Relations with the Qing Dynasty Tibetan Buddhism at the Qing Court Chapter Two Introduction The Frontier in Qing China The Unequal Treaty System British India and Tibet The Great Game Beyond the Pass: From Unbounded Empire to Nation State Chapter Three Introduction Modernity as Myth China's Engagement with International Law in the Nationalist Era The Standard of Civilisation The London Conference of 1871 Chapter Four Introduction Race and Nation in the Republic of China Scientific Administration, Modernity and Chinese Nationalism Chapter Five Introduction Tibetan Modernisation The Simla Convention Suzerainty in Postcolonial Legal Discourse The Tibetan Trade Missions The Tibetan Appeals to the U.N. The Seventeen Point Agreement and Tibet's Changing Status in the Postcolonial World Chapter Six Introduction The Seventeen Point Agreement Regional National Autonomy in the Mao Era Regional National Autonomy in the Post Mao Era The 2005 Provisions on the Implementation of the Law of the People's Republic of China on Regional Autonomy Chapter Seven Introduction Background The Seventeen Point Agreement (1951-1959) Democratic Reform (1959-1966) The Cultural Revolution 1966-1977 Post-Mao Reform Era 1978-1988 Lhasa Unrest 1989 - Present day Contemporary Constitutional Framework Subsidiary Legislation Governing Religious Activity The Religious Affairs Regulations The TAR Implementing Measures Problems Arising From the Unique Implementation of National Policy in Tibetan Areas Managing Religion According to Law The Management Measures for the Reincarnation of Living Buddhas in Tibetan Buddhism The MMR in Historical Perspective Conclusion Bibliography Primary Sources Archive Documents Legislation Table of Cases Table of Treaties United Nations Secondary Sources Index

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