Introduction, translated and commented by S. L. KUZMIN

The treaty between Mongolia and Tibet of December 29, 1912/11 January 1913, concluded in the capital of Mongolia, has long been known to historians. However, it was considered imaginary, and its legal force was not clearly established [for example, Bell, 1924, p. 150, 151, 258, 304]. Later it was known only from an English translation from the archives of the British Foreign Office [FO 535/16, No. 88, lnclosure 1, 1913, published: Van Walt, 1987, p. 320-321]. The Mongolian text was published by the Academy of Sciences of the MNR in 1982 [Barkmann, 1999, p. 380]]. A Tibetan translation was made from it by V. D. Shakabpa (Phurbu, 2008). Publications of the Tibetan and Mongolian originals have appeared only recently (Batsaikhan, 2008, pp. 334-336). So, the original contract exists. But there is a question about their authenticity, as well as about the international legal status of this document, especially since, according to some authors, Mongolia itself was not an independent state in 1913 and could not sign a treaty recognizing the independence of other states (for example, [Klipov, 2008: 41-46; Wang Jiwei, Nyima Gyaincain, 1997]).

An analysis of Mongolia's status shows that by 1913 it had gained not only de facto but also formal independence. The main arguments in favor of this approach are as follows (see Batsaikhan and Kuzmin, 2008; pp. 68-86; Kuzmin, 2010). The Xinhai revolution, which was conducted under the slogans of freeing the Han people from Manchu domination, destroyed the Qing Empire. The peoples included in it received the right to self-determination, just as it happened during the revolutions in other empires (Austrian, Ottoman, etc.). In particular, the Han Chinese (Republic of China) and Mongols (Outer Mongolia) formed their own national states. Tibet was not a part of the Qing Empire, but a state dependent on it.

Keywords: Mongolia, Tibet, Russia, China, Mongol-Tibetan Treaty of 1913.

Having declared its independence in 1911, Outer Mongolia acquired the main signs of statehood: a foreign (Manchu-Chinese) administration was expelled; the country was headed by a monarch; its own power structures were created - in particular, five ministries; the country was not subject to Chinese legislation; the economy was independent; there were its own armed forces, etc.

International recognition was important for securing Mongolia's independence. On November 3, 1912, the Russian-Mongolian Treaty (in the Russian version - the agreement) was signed. In Russia, it was considered recognition of the autonomy of Outer Mongolia, not its independence. However, the method of conclusion and content of the document, as well as the subsequent reviews of the Russian diplomat I. Ya. Korostovets, who signed it, allow us to consider it a formal recognition of the independence, and not the autonomy of Mongolia.

The preamble stated that Mongolia's previous relations with China had ended, and Mongolia should maintain its autonomous or distinctive system. However, its preservation was possible only within the framework of the Qing Empire and the former relations of the Mongols with the Manchu Aixin Gioro dynasty, but this empire collapsed, and the dynasty no longer ruled. The treaty also stated that Mongolia had a monarch and a government, and Chinese troops and authorities were to be removed. The right to maintain a Mongol army was recognized, and colonization of China was prohibited-

I sincerely thank O. Batsaikhan, D. Boumaa, Ngawang Tukje, and Zh. Oyunchimeg for assistance in obtaining Mongolian and Tibetan materials, clarifying their translation and consulting.

tsami and the entry of their troops. China was designated as a foreign power in relation to Mongolia, and the latter was assigned the right to enter into treaties with foreign states.

In terms of the way it was developed and concluded (bypassing China), it was also a document on the recognition of an independent state. This is how it was considered at that time by a number of international experts (see [Batsaikhan, 2009, pp. 60-69]). Instead of "Outer Mongolia", they used the broader term "Mongolia" in the Russian version and "Mongol Uls" ("State of Mongolia"). in Mongolian. In the Russian version, the term "agreement" is used, and in the Mongolian version - "gere", which means not" agreement "(Mongolian: haleltseer), but "contract" (however, both agreements and treaties have equal force in the international recognition of the state). For the terms "autonomous" or "original" in the Mongolian version, the terms  togtnoh (independence) are used. These terms are synonymous with independence (as in the treaty with Tibet). The Russian and Mongolian versions of the document had equal legal force. Consequently, the signs of independence recorded in the Mongolian text were not canceled by the Russian text. The announcement of its signing to the whole world was the de facto recognition of the state and its name "Mongolia". As a result, Russia recognized Mongolia as a state earlier than the Republic of China. This was stated by the Chinese Foreign Ministry, which did not recognize the Russian-Mongolian treaty.

Shortly after the signing of this document, Agvan Dorjiev, the plenipotentiary representative of the Dalai Lama XIII for negotiations with Mongolia and Russia, arrived in the capital of Outer Mongolia - Niyslal-khure. Dorzhiev met with Korostovets and informed him that Tibet wants to conclude a treaty with Mongolia and Russia [Korostovets, 2004, 2009]. Korostovets [2009, p.198], noting that "Khalkha has already declared its independence, recognized by Russia", did not object to the conclusion of the treaty of Tibet with Mongolia, but was against the treaty of Tibet with Russia. Dorzhiev held talks with Mongol princes and members of the government. The draft treaty between Mongolia and Tibet is kept in the National Archives of Mongolia [f. 63, op. 1, d.39, scroll 1 - Batbayar, Gombosuren, 2009, p. 134]. There is no evidence to doubt the authority of Dorzhiev and the Mongolian and Tibetan officials who signed the treaty. Thus, having been recognized as a state by the Russian-Mongolian Agreement of 1913, Mongolia not only became a legally competent subject for signing international treaties, but also received the formal consent of the Russian diplomatic representative to sign such a treaty with Tibet.

Other states did not recognize the Mongol-Tibetan Treaty (including the main "players" around Tibet - Russia and Great Britain). In this regard, the Tibetans and Mongols preferred to keep the details of signing the document secret. Subsequent events in and around Tibet, Mongolia, and Russia meant that these details were never made public again. Nevertheless, the circumstances of signing the agreement do not contradict its legal essence.

The Treaty exists in Tibetan and Mongolian versions and is kept in the Archive of the Ministry of Foreign Affairs of Mongolia (f. 111, op. 1, ed. xr. 1) (facsimile publication: [Batsaykhan, 2008, pp. 334-336]). It is written in Mongolian and Tibetan, in ink, on paper used in Mongolia and Tibet in the early 20th century. The Mongolian and Tibetan versions do not contain any discrepancies or inconsistencies; one does not take precedence over the other. They bear the signatures and seals of the authorized representatives of both monarchs. I will give its translation into Russian (according to the Mongolian version, compared with the Tibetan one; see the facsimile and transcription into the Mongolian Cyrillic alphabet in the book: [Batsaykhan, 2008, p. 262 - 264, 334 - 336]), based on the available English translation [Batsaikhan, 2009, p. 250-251].

Thus, the signing of the Treaty of 1913 between Mongolia and Tibet allows us to consider it as a legitimate recognition of the latter as a subject of international law. If the main source for deciding on the status of Tibet in modern times is considered to be international conventions, then priority should be given to the treaty under consideration. Consequently, Tibet was a de facto and de jure independent state in the first half of the twentieth century.

list of literature

Batsaykhan O. of Mongolia suulchiin Ezen Khan VIII Bogd Zhavzandamba 1911 ony undesny khuvsgal (The last great Khan Bogdo Dzhebtsundamba VIII and the national revolution of 1911). Ulaanbaatar: Admon, 2008.

Batsaikhan O. Mongol-Russian Agreement of 1912/ / Vostok (Oriens), No. 3, 2009.

Batsaikhan O., Kuzmin S. L. 2008. Foundations of modern Mongolian statehood // Олонулс судлал. 2008. N 2.

[pagemark number="125" /]

Klinov A. S. K voprosu o mezhdunarodno-pravovom statusu Tibeta [On the issue of the international legal status of Tibet]. http://e-lib.gasu.ru/Evrazia/arhiv/2008/mire_2.pdf. 05.08.2009.

From Genghis Khan to the Soviet Republic. Ulaanbaatar: Admon Publ., 2004.

Korostovets I. Ya. Nine months in Mongolia. Diary of the Russian Commissioner in Mongolia. August 1912-May 1913 Ulaanbaatar: Admon, 2009.

Kuzmin S. L. [The Mongol-Tibetan Treaty of 1913 and the Problem of the State Status of Tibet]. Vladimirtsovskiye chteniya, Moscow, 2010.

Barkmann U.B. Geschichte der Mongolei. Bonn: Bouvier, 1999.

Batsaikhan O. Bogdo Jebtsundamba Khutuktu, the Last King of Mongolia. Mongolia s National Revolution of 1911. Ulaanbaatar: Admon, 2009.

Bell Ch. Tibet: Past and Present. New Delhi-Madras: Asian Education Services, 1992.

Phurbu Thinley. The Tibet - Mongol Treaty of 1913, a Proof of Tibet's Independence. Interview with Prof. Elliot Sperling // Phayul, Nov 12, 2008, www.phayul.com.

Van Walt van Praag M.C. The Status of Tibet: History, Rights, and Prospects in International Law. Boulder, Colorado: Westview Press, 1987.

Wang Jiawei, Nyima Gyaincain. The Historical Status of China's Tibet. China Intercontinental Press, 1997.

CONTRACT TEXT ¹

Our two States, Mongolia and Tibet, having seceded from the Qing State, separated from China, each forming its own independent State and, [taking into account that] from ancient times to the present, Mongolia and Tibet have the same religion and friendly relations, have concluded this treaty to further strengthen these relations.

By order of the monarch of the State of Mongolia-granted the right to conclude a treaty:

First side ² of the Ministry of Foreign Affairs, Minister of Foreign Affairs, Da Lama, Nyagt-Bilegt Ravdan ³,

Second side, Army Commander, Manlai Bator, beise Damdinsuren ⁴

By order of the monarch of the State of Tibet-granted the right to conclude a treaty:

Official, Guzhir Tsanshiv, Khanchin Luvsan-Aghvan ⁵

Donir

Finance Department Official

The clerk

Article 1. The Monarch of the State of Tibet, the Dalai Lama, approves and recognizes the establishment of the independent State of Mongolia and the proclamation of the Jebzundamba Lama, leader of the Yellow Faith ⁶, as Monarch of that State on the 9th day of the 11th month of the year of the Metal Pig.

Article 2. The Monarch of the State of Mongolia, the Jebzundamba Lama, approves and recognizes the establishment of an independent Tibetan State and the proclamation of the Dalai Lama as the monarch of that State.

Article 3. Both States will work together for the prosperity of the precious Buddhist religion.

Article 4. The two States, Mongolia and Tibet, will henceforth and always assist each other in cases of external and internal dangers.

Article 5. Each State, within its territory, will support the subjects of the other, traveling on religious-state or religious-state education matters.

Article 6. Both States, Mongolia and Tibet, will continue to trade with each other in their products, such as goods, livestock, hides and processed goods, as well as enter into financial transactions.

Article 7. From now on, granting a loan to someone will be allowed only with the notification and approval of official institutions. Without such a sanction, debt claims will not be officially considered. In cases of serious complications due to the inability of both parties to reach an agreement, such debts can be covered by institutions. This does not apply to the debts of the Shabi and hoshuns7.

Article 8. If it becomes necessary to supplement the articles of this treaty, the Governments of Mongolia and Tibet will appoint plenipotentiaries, and the latter will come to an agreement in due course.

Article 9. This agreement comes into force from the date of its certification by seals.

From the State of Mongolia-authorized representatives of the Monarch's government to negotiate and conclude a treaty:

First side of the Ministry of Foreign Affairs Nyagt Bilegt, Da Lama Ravdan,

Second side, Commander of the Manlai Bator forces, Beise Damdinsuren

From the State of Tibet-authorized representatives of the Monarch Dalai Lama to negotiate and conclude a treaty:

Official Guzhir Tsanshiv, Khanchin Luvsan-Agvan [signed in Mongolian]

Donir [Ngawang Choyzin-signed in Tibetan] ⁸

Finance Department Official [Yeshe Gyatso-signed in Tibetan]

Scribe [Gedun Kalsang-signed in Tibetan]^9th State of Mongolia second year of the Newly Erected ^10th State of Tibet Year of Water-mice 12th month, 4th day

comment

¹ Large square red seals - the Ministry of Foreign Affairs of Mongolia, the rest-Luvsan Agvan (Agvan Dorzhiev-Plenipotentiary representative of the Dalai Lama XIII) and Tibetans. In the Mongolian text, the seals of Dorjiev and Tibetans are placed twice: at the beginning and end of the treaty. At the beginning of the text, their positions are indicated in Mongolian without names (only Luvsan Aghvan is indicated), at the end, positions are written in Mongolian, and then signatures are written in Tibetan (but the signature of Luvsan Aghvan is in Mongolian). The seal of the finance department is placed twice in the Mongolian text, after the names of Yeshe Gyatso and Gedun Kalsang. In the Tibetan text, the seals of Luvsan Agvan and Tibetans are attached only at the end, on signatures indicating positions.

^Said 2 in this case is a minister.

^{Nyagt Bilegt} 3 (Old Mongolian: nikta biliktu) is a personal title that means Gifted with Accuracy (or Thoroughness - nyagt). A Da lama is a high official who is elected from among the lamas and is a member of the council of the shantzotba, the manager of the shabi (shabinars), i.e., students of the Bogdo-gegen who perform religious duties for the spiritual mentor. In Russian literature, they are often mistakenly called "monastic serfs".

^{Manlai Bator} 4-personal title, meaning the First Hero (or Hero). Beise (modern Mongolian: bees) - the third degree of princely dignity.

⁵ Luvsan Aghvan (Tib.: Losang Ngawang) - as already noted, Aghvan Dorzhiev. He is designated not only as an official, but also as Guzhir Tsanshiv (Tib.: gujir tsenshap) - a partner in a philosophical dispute (Dalai Lama) and Hanchin (Tib.: khen chen) - a Great Abbot, i.e. a monk holding a high government position in Tibet. His seal is a round red one.

^{The Yellow Faith} is Galug Buddhism.

^Khoshun is the lowest administrative division in Mongolia.

^{Ngawang Choyzin} 8 in the Tibetan version is designated as a tsedron-coordinator between the Dalai Lama and Tibetan officials. In the Mongolian version, it is designated as donir. In Mongolia, donir was the secretary of the abbot's office; he was in charge of correspondence with all secular and ecclesiastical institutions, and sent out decrees and orders of the Bogdo-gegen to the local authorities. Later, donir also became the official representative of the Dalai Lama in Outer Mongolia, who represented the Tibetan government and had authority over all Tibetans there. Thus, the words donir and zedron in the contract have the same meaning. His seal is round and black.

^{Yeshe Gyatso} 9 and Gedun Kalsang apparently also belonged to the Tibetan colony in the Mongolian capital. The latter was the former's secretary and assistant. They used the same black square seal, since they belonged to the same department.

^{Elevated by many} is one of the titles of Bogdo-gegen VIII Jebtsundamba-khutukhta after his elevation to the throne of Bogdo Khan (Great Khan) of Mongolia.

Permanent link to this publication: