Promovendus: Dhr. C. Wang

Promotor: Prof.Dr. C.M. Ryngaert

Duur: 1/10/2016 - 30/9/2020

Promotie: Utrecht, 22/11/2021

Abstract:

As a traditional subject of international Law, the research on belligerent community has been ignored for a very long time after the American Civil War(1861-1865), but it does not mean that the belligerent community has died in the field of international law because it is a concept which is often related with civil war. Unfortunately, internal armed conflicts have occurred in almost every corner of the world now and have caused thousands people died meaninglessly. In order to decrease injuries and deaths , a better global legal order should be built and efforts should be made not only from domestic law but also from the perspective of international law. As a result of it, this research will be focused on the recognition of belligerency in the historical dimension. Specifically speaking, the researcher will mainly pay his attention to illustrate the relationship between belligerent community and the legal status of 13th Dalai Lamas regime in international law during the Republic of China (from 1911 to 1951). In the first part of this research, an attempt will be made at illustrating the concept of belligerent community, ranging from the its definition and characteristics to the its difference compare to other subjects. Then the researcher will discuss what is the recognition of belligerency in international and under what circumstance it can be made by international community or de jure government of civil war state, it will refer to different theories of belligerency recognition, specifically speaking, the constitutive doctrine and the declaratory doctrine, and they will be examined by comparing their advantages and disadvantages, then the researcher will make his own choice that which one is more compatible with international practice. The legal and political situation of Tibet during the period of Republic of China will be discussed in the second part of the research, which studies in particular the the act of hostility between 13th Dalai Lamas troops and Chinese army. Besides, the relationship between Dalais government and the third states like the Britain, Russia and the United State during this period will also be discussed in this section. The last part of research will addresses why 13th Dalais government should be seemed as a belligerent community from the perspective of international law based on above studies. The researcher will explore whether the local government of Tibet during the Republic of China meets with qualification of belligerent community or not. In addition, the attitudes of the third states toward the local government of Tibet will also examined to find out if they can be seen as recognition of new state or recognition of belligerency.