Dynamics of the Legal Status of Mongolia in the 20th Century

Abstract

This article is aimed at determining Mongolia’s status based on historical documents and contemporaries’ evaluation. It discusses the change in the legal status of Mongolia from the collapse of Qing Empire till the mid XX century. As it is shown, Mongolia was not part of China but was in vassal — suzerain relationship with the Manchu Dynasty of Qing Empire. Qing ‘new policy’ of Chinese colonization destroyed this relationship which led to national liberation movement of Mongols. Dynasty abdication and the formation of the Republic of China gave new legitimate ground for independence Mongolia. Declaration of independence of Mongolia on December 29, 1911 as the culmination of this movement was legitimate and was not a revolution. The treaty signed in 1912 between Russia and Mongolia may be considered as de jure recognition of the independence but not the autonomy of Mongolia. The rightful recognition of the autonomy was recorded in the agreement of 1915 between Russia, China and Mongolia. Outer Mongolia became the state under the formal suzerainty of China and the protectorate of Russia. The abolishment of autonomy and occupation of Outer Mongolia by China in 1919 was illegal. In 1921 baron R. F. Ungern reinstated the autonomy and in fact the independence of Outer Mongolia. From the take-over of the Mongolian People’s Party until adoption of constitution by the Mongolian People’s Republic in 1924 the country status was undefined. From 1924 until recognition by China in 1946 the Mongolian People’s Republic was de facto independent country with the implied (silent) recognition by the USSR. Reunion of Inner Mongolia and Barga with the Outer Mongolia / Mongolian People’s Republic was the historical choice of their peoples.