The signing ceremony of the Convention on the Establishment of the International Organization for Mediation (IOMed) will be held in Hong Kong this Friday. It will be of extraordinary historical significance for the world, for the country and for the Hong Kong Special Administrative Region.
The peaceful settlement of international disputes is a fundamental principle of international law and international relations. Article 33 of the United Nations Charter, along with the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations passed by the United Nations General Assembly in 1970, set out mediation as one of the means to settle international disputes. In 2012, as stated in the Report of the Secretary-General on Enhancing Mediation and its Support Activities and the Guidance for Effective Mediation, the then-UN secretary-general affirmed that mediation is one of the most effective and promising ways to prevent, manage and resolve conflicts.
Mediation is a voluntary process in which both parties seek a win-win solution acceptable to each through the assistance of a neutral third party. Compared with other methods, it is more forward-looking, constructive and conducive to repairing the relationship between the two sides. However, there is still no organization established among governments dedicated to resolving international disputes through mediation. The IOMed, to be established in accordance with the convention, will address this shortcoming in the current international dispute settlement mechanism and provide a new legal public good in international rule of law, marking a milestone in promoting the settlement of international disputes through mediation.
Chinese culture has always valued harmony with the goal of achieving universal harmony. The white paper titled “China’s National Security in the New Era”, published in mid-May, pointed out that China advocates cooperative security and insists on resolving differences and disputes peacefully through dialogue, cooperation and mutually beneficial means. The convention is the result of the joint efforts of China and nearly 20 like-minded countries in concluding the negotiations since 2022. The key role played by China in the convention fully reflects its devotion and determination to uphold international law and the principles of international relations, as well as promote world peace and harmony. This is in stark contrast to some traditional powers which betray international law and the principles of international relations, create and provoke disputes, and threaten peace for their own selfish interests. The establishment of the IOMed demonstrates China’s development concept of building win-win relationships and constructing a global community of shared future with other countries.
The state parties to the convention have reached a unanimous consensus to establish the IOMed headquarters and hold the signing ceremony of the convention in Hong Kong. In addition to Minister of Foreign Affairs Wang Yi, nearly 60 countries from Asia, Africa, Latin America and Europe, and about 20 international organizations, including the UN, will send senior representatives to attend the signing ceremony for the convention. A global forum on international mediation will be held in the afternoon to discuss mediation of disputes among countries and mediation of international investment and commercial disputes. These fully demonstrate that Hong Kong, as a cosmopolitan city with an international, high-level and reputable rule of law environment, is not only supported by the country but also widely recognized by the international community.
It is understood that, in addition to disputes between countries, the scope of cases accepted by the IOMed will include disputes between a country and nationals of another country, as well as international commercial disputes between private entities. Apart from the opportunity to leverage Hong Kong’s traditional strengths in international commercial dispute-resolution services and to gain economic benefits brought about by the provision of such services, more importantly, it will enhance Hong Kong’s international status and profile, thereby creating a magnet effect in attracting people from all walks of life to visit Hong Kong and participate in various activities. This will boost Hong Kong’s soft power and bring unquantifiable intangible benefits.
Currently, hostile external forces are attempting to de-internationalize and defunctionalize Hong Kong. To cope with such a major challenge, Hong Kong needs to make good use of the IOMed headquarters as a focus for strengthening the city as an international dispute-resolution service center, so as to give full play to its institutional advantages under the “one country, two systems” framework and complement the nation’s important strategy as mentioned above.
The establishment of the IOMed headquarters in Hong Kong will also help the government promote a culture of mediation, encourage the public to resolve disputes in a more convenient, efficient, economical and constructive manner, bring about savings in judicial resources, and create a more harmonious and inclusive society.
After signing the convention, the state parties will discuss the details of the future operation of the IOMed. Our country has already indicated that it welcomes support and participation from more countries. The HKSAR government will complete the conversion of the Old Wan Chai Police Station into the IOMed headquarters by mid-year as planned, anticipating that it will start operation by the end of this year or early next year.
The IOMed will be an independent international organization with diplomatic privileges. Apart from maintaining and repairing the IOMed headquarters, the specific roles of the government and the Hong Kong community in the future will be discussed with the IOMed.
In short, as a member of the international community under the “one country, two systems” principle and with the strong support of the country, Hong Kong vows to do its utmost to live up to the trust of the convention parties and to contribute to building a world of peace and justice.
The author is secretary for justice of the Hong Kong Special Administrative Region government.
The views do not necessarily reflect those of China Daily.
