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 primarily upon British Government archives, this thesis 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 thesis 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. This thesis 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.

This study discusses Sir Horace Seymour's role in the development of Sino-British relations in the critical years from 1942 to 1946, his assessment of Chinese military, political and economic conditions, and his diplomatic efforts and contribution to the emergence of a new vision in British policy towards China. As is emphasised in this thesis, Seymour arrived as British ambassador to China in February 1942 at a time when British arms had suffered a succession of serious reverses in Hongkong, and Malaya, and when British prestige in the Far East was at a low ebb. By his tact, dignity and courtesy, and particularly his spirit of equality, he gained the trust and respect of all Chinese with whom he came in contact, and contributed in no small measure to the gradual restoration of British prestige in China and to the high degree of cordiality attained in Sino-British relations in the later stages of the war. He became, through his ready grasp and sympathetic understanding of Chinese problems, a reliable interpreter to the British government of Chinese needs and aspirations, and therefore contributed a great deal to British policy towards China both during the war and in the immediate post-war period. He met with, however, constraints both from official and unofficial circles in Britain, owing to the different opinions existing in Britain. Nevertheless, there was always room for Seymour to manoeuvre in the formation of British policy towards China.

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Public opinion in Britain influenced the government’s policy of retreat in response to Chinese nationalism in the 1920s. The foreigners’ rights to live, preach, work and trade in China extracted by the ‘unequal treaties’ in the nineteenth century were challenged by an increasingly powerful nationalist movement, led by the Kuomintang, which was bolstered by Soviet support. The Chinese began a major attack on British interests in June 1925 in South China and continued the attack as the Kuomintang marched upward to the Yangtze River, where much of British trade was centred. Policymakers in Britain struggled to come up with a workable policy that could meet the new challenge of Chinese nationalism and satisfy its own interests in East Asia. The result was a complete renunciation of the traditional gunboat policy for a policy of friendship and conciliation. Why then did Britain begin its retreat from China? Why, in the face of the contrasting forces of Chinese nationalism and strong opposition from the British community in China, did Britain decide to relinquish its traditional treaty rights? Political, strategic and economic issues determined, to an extent, Britain’s China policy, but historians have neglected to see the vital influence of domestic opinion in Britain and to take into account the cultural context within which policy was made. In a time when mass audiences read the news and actively engaged in debates over policy, policy needed not only to be pragmatic and profitable, but also persuasive. An entire section of British thought about China has been neglected in the existing literature. This thesis argues that the confluence of liberal, Labour, business, pacifist and missionary opinion in Britain after the First World War and the victory of its narrative of China provided critical support for a policy of imperial retreat from China.

Between 1842 and 1857, British interactions with the Qing Empire shaped and informed the development of British liberal attitudes. However, amid the widespread historiography devoted to uncovering international influences on British liberalism during this period, the impact of the Anglo-Chinese relationship remains a footnote. Instead, focus is given to how Europe, America and the British Empire assisted in the advancement of British politics and liberal thought. This thesis redresses this oversight – showing how Anglo-Chinese frictions in the mid-nineteenth century brought into question British notions of free trade, international law, diplomatic standards and non-intervention. Britain’s determination to improve its trading network in China matched by the Qing’s refusal to allow further Western expansion, informed British liberal debate and shaped political attitudes. Most notably, it resulted in Sir John Bowring, the former Foreign Secretary of the London Peace Society, ordering the military bombardment of the port of Canton in late 1856. The bombardment – which resulted in the second Anglo-Chinese conflict (1856-1860) – is well-documented by historians. However, the development of Bowring’s political convictions, which provided an ideological justification for war, has been overlooked. This thesis uncovers how interactions with China forced Bowring and the British expatriate community more generally to reconsider the meaning of free trade, the boundaries of international law and their commitment to non-intervention. In addition, it shows how Bowring’s actions resulted in a heated debate that captured the attention of Britain’s political elite and, through the General Election of 1857, the British public more generally. As a result, it facilitated an open and vibrant debate that queried whether, to secure British trade, military intervention could be deemed an acceptable diplomatic method – a discussion that forced the development of the nation’s liberal attitudes. This thesis tackles two relatively distinct areas of historical research that rarely interact. First, it sheds new light on the scholarship that has examined foreign influences on the development of British liberal ideas in the mid-nineteenth century. It shows that through an investigation of relations with peripheral nations such as China, historians can gain a fresh and more detailed perspective on how and why nineteenth century liberal attitudes developed. In addition, it challenges the existing framework adopted by Sinologists in their assessment of Anglo-Chinese relations. Recent studies remain focused on uncovering how nineteenth century Western expansion into the Qing Empire affected its political, legal and cultural development. This thesis reverses this approach – arguing that this relationship not only affected events within China but in addition, shaped British liberal debate and consolidated British political ideas. This thesis calls, therefore, for historians to reconsider the importance of relatively peripheral nations on the development of British ideals and liberal thinking in the mid-nineteenth century. By examining these new frontiers, it sheds new light on the making of British liberalism.

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