| 關 鍵 詞： |
錫金（哲孟雄）；西藏（吐蕃）；印度；錫金第十二世國王帕爾登•頓杜普•納姆伽爾；錫金第十三世國王旺楚克•勝辛•納姆伽爾；尼赫魯；征服；兼併；保護國；流亡政府；國際法強制規律；默許；默認 |
| 中文摘要： |
錫金（Sikkim），舊名哲孟雄（Dremojong），原屬西藏之一部分。1700年廓爾喀入侵錫金，遭清軍擊退；1814年英國入侵哲孟雄，信誓旦旦謂絕無侵略之野心；1860年代英國攫取錫金境内闢道築路權，中國欲起而干涉，力不從心，不旋踵哲孟雄卻為英國所據有，改名錫金；1890年中國承認錫金歸英國保護，1893年中國喪失錫金之主權。英國復入西藏，對外宣稱無侵略之企圖，而西藏又淪為英國勢力範圍（sphere of influence）。1975年印度非法兼併錫金；西方國家默許（acquiescence）印度兼併錫金在國際關係史上是非常罕見的，西方國家之所以選擇裝聾作啞的原因：一方面是西方國家在所謂的"民主國家"印度和中國之間選擇"偏袒"印度；另一方面更重要的是中國的實力對西方形成威脅，西方國家一貫的對華策略是扶助印度來牽制和削弱中國。在這個策略下，錫金、不丹、與尼泊爾都可以犧牲。印度先干預錫金的内政，再藉口錫金内亂實行軍事占領（military occupation），後操控制錫金議會親印度多數國大黨議員的表決，在法律上（dejure）兼併錫金，錫金在大國政治運作的現實之下，只能接受被印度兼併的事實，而這個現實現今也被大部分國家所接受，國際社會既沒有對印度達反國際秩序的侵略行為進行譴貴，也沒有斷定印度兼併錫金威脅地區穩定和世界和平而進行國際干預。2003年中國與印度協商達成互相承認，印度承認西藏屬中國領土，中國默認（implied recognition）印度兼併錫金之事實，中印妥協造成錫金之滅亡。從錫金同西藏、不丹、尼泊爾、英國、印度與中國間之歴史互動過程中，可知小國與大國往來唯有審時度勢，善於利用大國間之矛盾，掌握客觀情勢之變化，縱橫捭闔，周旋於大國夾缝中謀自存；倘不如此，小國礙難於國際社會上賡續存在。本文從内部及外部變因，宏觀錫金王國被印度兼併之歷史背景、原因、發展歷程，以現行國際法禁止國家非法使用武力征服或兼併他國領土為立論，加以評論，指出印度以武力佔據錫金，利害攸關國家之坐視不管、默許、默認與妥協，終於造成錫金王國之滅亡。可見大國征服或兼併小國，倘獲周邊利害關係國家或國際社會之默許及大國間之妥協，足以造成小國之滅亡，畢竟小國綜合國力有限，沒有得罪大國之本錢，從錫金（哲孟雄）同西藏、尼泊爾、不丹、中國、英印政府、印度之歷史互動過程中，可以敌發小國與大國往來應如何謀自存之道。前事不忘後事之師，舊之視今，亦猶今之視昔，以古為鏡可知興替，凡我國人應知警惕。
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| 英文關鍵詞： |
Sikkim （Dremojong）；Tibet；India；Palden Thondup Namgyal XII；Dbang-phyug Bstan-vdzin Namgyal XIII；Jawaharlal Nehru；Conquest；Annexation；Protected State；Government-in- exile；Jus cogens；Acquiescence；Implied Recognition |
| 英文摘要： |
Sikkim is geographically a thumb-shaped State borders Nepal in the west, the Chinese Tibet Autonomous Region to the north and east, and Bhutan in the south-east. The Indian State of West Bengal borders Sikkim to its south. Despite its tiny size, Sikkim is geographically diverse, owing to its location on the Himalaya. The climate ranges from subtropical to high alpine. "Kanchenjunga" is the world's third highest peak, located in the north western part of the State on the boundary with Nepal. The mountain can be seen from most parts of the Sikkim. Sikkim has now become one of India's most visited States, due to its reputation of cleanliness and scenic beauty.
Sikkim, the Tang Dynasty called Dremojong, was formerly the portal for Tibet which, has been part of the territory of the Tibetan area. During Tang dynasty around 640 A.D. the Tang Princess Wen Cheng was married Tibetan King to check Tuyuhun of the Tibetan rebellion. The ninth century, Tibet was a military power. Yuan Dynasty in the thirteenth century, Tibet has been incorporated into China. Sikkim with its ancient name Dremojong, original belongs to Tibet. In 1791, Qing China sent troops to support Sikkim and defend Tibet against the People from Nepal. Following Nepal's subsequent defeat, Sikkim became a suzerainty of Qing Dynasty. Later the arrival of the British Raj in neighboring India, Sikkim allied with thejn against their common enemy, Nepal. The Nepalese attacked Sikkim, overrunning most of the region including the Terai (a belt of marshy grasslands, savannas, and forests at the base of the Himalaya range in India). This prompted the British East India Company to attack Nepal, resulting in the Gurkha (name of the people from Nepal) War of 1814. Treaties signed between Sikkim and Nepal called "Sugauli Treaty" and Sikkim and British India called "Titalia Treaty" returned the territory annexed by Nepalese to Sikkim in 1817. However with the beginning of British taxation of the Morang region, ties between Sikkim and the British administrators of India grew sour.
In 1849, two British doctors, one being in charge of relations between the British and Sikkim Government, ventured into the mountains of Sikkim were unauthorised. They were detained by the Sikkim government, justifying to a punitive British expedition against Sikkim. After which the Darjeeling district and Morang region were annexed to British India in 1835. British Indian invasion and occupation of Dremojong under the 1890 Sikkim-Tibet Convention, renamed the Sikkim, led Sikkim becoming a puppet king who was under the directive of the British governor. China recognised Sikkim as the British " protectorate."
On 15 August 1947，India broke away from Britain and proclaimed independence. Same year，a popular vote rejected Sikkim's joining the Indian Union.Indian Prime Minister Jawaharlal Nehru agreed to a special protectorate status for Sikkim. By Indian-Sikkim Peace Treaty concluded on 5 December 1950，Sikkim became a tributary of India, by that India controlled its communications, defence, and foreign affairs. The ruler, the Monarchs Maharaja Sir Tashi Namgyal, governed with the assistance of a state council, established in 1955，of which more than two thirds of the members were elected to allow for constitutional government for the Chogyal. Meanwhile trouble was brewing in the State after the Sikkim National Congress controlled by India demanded new elections and greater representation for the Nepalese. In 1973, riots, organised by India, in front of the palace at capital Gangtok led to a formal request for protection from India. The Chogyal was proving to be extremely unpopular with the people. Matters came to a head in 1975, when the Kazi (Prime Minister of Sikkim) appealed to the Indian Parliament for representation and change of Sikkim's status to a state of India. In April the same year, the Indian Army moved in Sikkim, seizing the capital Gangtok, disarming the Palace Guards, exiled the king. These all happen within two days that justified India took over the entire Kingdom.
India based on succession principle and practice of the international law, inherit all territory annexed by Britain during its colonial rule. Since the independence of India is being supported by China during Cairo conference held from 22 to 26 November in 1943. Thus the independence of India should not in¬herit the colonial policies made by Britain. Consequently, India should return the territory belongs to China that was annexed by British during the colonial rule in India. In 1975，while in the middle of the Chinese culture revolution, India took the chance and annexed Sikkim illegally. This action obviously vi¬olated Article 2，section 4 of the United Nation Charter, "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations." The deposed King Palden Thondup Namgyal XII established government-in- exile in New York, later, died of cancer. His crown prince inaugurated as King Dbang-phyug Bstan-vdzin Namgyal XIII and promptly pronounced the annexation of Sikkim by India is illegal and therefore null and void. Sikkim is an independent country. Even if independent India inherited the territory from Britain, it should not include Sikkim. China also recognised Sikkim as an independent country, and denied the India's annexation by illegal means. On 26 April 1975, People's Republic of China protest against India, deny India's annexation.
Tibet is historically the territory of China and Dremonjong was part of Tiber since ancient time. Britain invaded Dremonjong renamed it to Sikkim and made it the protectorate. After the independence of India, India is actually inheriting all the territory once occupied by Britain. India well utilised the separatist Dalai Lama on exile and the chaotic culture revolution m 1975 seized Sikkim by rorce illegally. This action violates Article 2，Section 4 of the United Nations Charter as jus cogens. Legally the international communities should not recognise the consequence of India's annexation. Chinese spokesmen " have claimed that Sikkim, with Bhutan (to the East), and Ladakh (part of Kashmir) are part of Tibet and thus part of China. After India's annexation of Sikkim, its sphere of influence will reach Tibet, affecting the stability of Tibet and threaten the security of south western China. Eventually this will have negative effect on the Sino-India relation. India always agree China has the suzerainty over Tibet but deny the territorial right of China over Tibet.
In 2000，a major embarrassment for China’ the Karmapa Urgyen Trinley Dorje XVII，who had been proclaimed a Lama by China, made a dramatic escape from Tibet to the Rumtek Monastery in Sikkim. .Chinese officials were in a quandary on this issue as any protests to India on the issue would mean an explicit endorsement of India's governance of Sikkim. Sino-India Normalization of their bilateral relations in the end of 2000, Indian prime minister Atal Behari Vajpayee visited China, and agreed to exchange for the mutual interest. India recognised Tibet as part of People's Republic of China. China, in origin was against India's annexation of Sikkim, changes its attitude to acquiesce the annexation. Apparently it was evidently an unequal exchange of interest that show more favour to India. How large the territory of Tibet India recognised as part of People's Republic of China is not clearly defined, and remained unclear. Tibet since ancient time belongs to China; at present, the sovereignty of China over Tibet through de facto effective control does not really require further recognition of India. This is the case of Power annexes smaller size country. The smaller size country can be extinct with the acquiescence or implied recognition from surrounding interest countries and international communities.
Acquiescence plays a key role in this whole Sikkim issue. Acquiescence is most generally, "permission" given by silence or passiveness. The common law doctrine of estoppel by acquiescence is ap¬plied when one party gives legal notice to a second party of a fact or claim, and the second party fails to challenge or refute that claim within a reasonable time. The second party is said to have acquiesced to the claim, and is estoppeled from later challenging it, or making a counterclaim. The doctrine is similar to, and often applied with, estoppel by laches. Silence is acquiescence is a related doctrine that can mean, and have the legal effect, that when confronted with a wrong or an act that can be considered a tortious act, where one's silence may mean that one accepts or permits such acts without protest or claim thereby loses rights to a claim of any loss or damage. In contrary to acquiescence is filed a formal diplomatic protest.
Jus cogens，Latin word for "compelling law", a peremptory norm, is a fundamental principle of international law considered to have generally acceptance among the international community of States as a whole. Unlike ordinary customary law that has traditionally required consent and allows the alteration of its obligations between States through treaties, peremptory norms cannot be violated by any state " though international treaties or local or special customs or even general customary rules not endowed with the same normative force". Under Article 53 of the 1969 Vienna Convention on the Law of Treaties, any treaty in violation of a peremptory norm is null and void. The treaty allows for the emergence of new peremptory norms, but does not in itself specify any peremptory norms. The number of peremptory norms is considered limited but not exclusively catalogued. They are not listed or defined by any authoritative body, but arise out of case law and changing social and political attitudes. Generally included are prohibitions on waging aggressive war, crimes against humanity, war crimes, piracy, genocide, slavery, and torture. To conclude, annexation of Sikkim by India is violation of jus cogens thus illegal under lex lata， any acquiescence of, or implied recognition; by surrounding States and international community is intolerable.
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| 目 次： |
壹、前言
貳、錫金之地理位置及地形
參、錫金民族、語言及宗教
肆、錫金王國納姆伽爾（Namgyal）王朝國旗國徽
伍、錫金舊名哲孟雄（Dremojong）是西藏之一部分
陸、1700 年廓爾喀入侵錫金遭清軍搫退
柒、1814 年英國侵佔錫金
捌、I860 年代英國攫取錫金境內闢道築路權
玖、1890 年中國承認錫金歸英國保護
拾、1893 年中國喪失錫金之主權
拾壹、相關國家之立場
一、英國承認錫金沒有加入印度聯邦之義務
二、錫金國王旺楚克•勝辛•納姆加爾宣布印度兼併為非法且無效
三、印度逐步蠶食並非法兼併錫金
拾貳、國際法上征服與兼併之效力
拾參、中國與印度建立睦鄰友好關係
拾肆、中印妥協造成錫金之滅亡
拾伍、結論
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