On May 30, the signing ceremony of the Convention on the Establishment of the International Organization for Mediation (“the Convention”) was held in Hong Kong, a special administrative region of the People’s Republic of China. Foreign Minister Wang Yi, also a member of the Political Bureau of the Communist Party of China Central Committee, and representatives of 32 countries signed the Convention. High-level representatives of more than 50 other countries from Asia, Africa, Latin America, and Europe and nearly 20 international organizations including the United Nations witnessed the official establishment of the International Organization for Mediation (“the IOMed”), the first inter-governmental legal organization specializing in resolving international disputes by way of mediation. Hong Kong will, as agreed under the Convention, serve as the IOMed headquarters (situated at the Old Wan Chai Police Station) once the Convention enters into force.

China, one of the initiating countries, together with like-minded states that embrace the principles of discussion and co-development, initiated the establishment of the IOMed and signed the Joint Statement on the Future Establishment of the IOMed in 2022.

After three years of concerted efforts and five negotiation sessions, the negotiating parties unanimously decided that after the establishment of the IOMed, China would be the host country and the IOMed headquarters would be situated in Hong Kong. This demonstrates the wide recognition of Hong Kong as an international metropolis driven by high levels of internationalization and professionalism, as well as a thriving business environment and renowned legal system. It also shows the staunch support of the central government for the HKSAR to become a legal services and international legal dispute resolution services center in the Asia-Pacific region under the National 14th Five-Year Plan (2021-25).  

Filling in the gap in dispute resolution mechanisms

This year marks the 80th anniversary of the founding of the United Nations following the end of the Second World War. Enshrined in Article 33 of the United Nations Charter, mediation is one of the important dispute resolution mechanisms that parties to any dispute shall first seek. Yet, there has not been an inter-governmental legal organization specializing in resolving international disputes by way of mediation until the establishment of the IOMed.  

On a par with the International Court of Justice and the Permanent Court of Arbitration in The Hague, the IOMed provides an alternative dispute resolution system that works by building consensus through dialogue and consultation leading to mutual development, thereby solving issues with a future-oriented perspective and complementing existing international dispute resolution mechanisms. By incorporating major legal systems for the mutual benefit of the parties concerned, the IOMed offers flexible, cost-effective, convenient, and efficient mediation services to settle disputes between member states, between a member state and foreign investors, and in international commercial disputes.

Notably, representatives of 32 countries across Asia, Africa, Europe, Latin America, and the Pacific region signed the Convention and became the founding members, demonstrating strong international support for the IOMed’s establishment, particularly from developing countries.

Early ratification of the Convention would be welcomed. It is noted in Minister Wang Yi’s speech that voluntary participation is honoured under the United Nations Charter. In closing, Wang used the Chinese historical folk story of “Liuchixiang” or “two-meter-wide-alley” to symbolize how resolution through mediation could create a brighter future for humanity.

The IOMed will, on the one hand, serve as a public good shared by states from different continents representing the Global South and more than two billion people, and on the other, increase the participation and representation of developing countries in international dispute settlement and advance the development of the global governance system.

It is with great anticipation that Hong Kong will continue to build bridges through business dealings and mediation, striving to contribute to world peace, inclusivity, and mutual growth for a brighter future for humanity

Hong Kong as the bridge

Wang said that the PRC resuming its exercise of sovereignty over Hong Kong was itself a success story of peaceful international dispute settlement. The success of “one country, two systems” has created brighter prospects for prosperity and stability in Hong Kong.

While signing the Convention reflects the Chinese belief in harmony, and embodies China’s will to uphold multilateralism and the principle of mutual respect and peaceful coexistence on the basis of global order underpinned by international law, headquartering the IOMed in Hong Kong further puts these virtues into practice.

Under the unique “one country, two systems” principle, Hong Kong is the only common law jurisdiction in China, and the only jurisdiction in the world with a bilingual common law system (Chinese and English). Denoted by John Lee Ka-chiu, chief executive of the HKSAR, the value of “harmony in diversity” sits at the heart of mediation, the IOMed, and a world that seeks cooperation over conflict.

In the meantime, Hong Kong should continue to “deepen international exchanges and cooperation” as underscored in the Government Work Report delivered in March this year. Operating as the IOMed headquarters will help Hong Kong to substantially raise its international profile as a “capital for mediation” and could attract dispute parties, mediators, lawyers, and other professionals to the city, alongside its hard-earned status as a “business dealing hub”.

To seize the initiative, various sectors of society, including commercial, academic, and political communities, should consider broadening their “friends circle” to target the “80+20” countries and organizations that participated in the May 30 signing ceremony to promote exchanges. In turn, the congenial and conducive business environment of Hong Kong is likely to attract more enterprises to set up their regional headquarters or branches in the city, where they could conveniently resolve disputes in accordance with the mechanisms constructed by the IOMed, should any arise in the future.

It is with great anticipation that Hong Kong will continue to build bridges through business dealings and mediation, striving to contribute to world peace, inclusivity, and mutual growth for a brighter future for humanity.  

The author is a member of the Legislative Council from the Election Committee Constituency.

The views do not necessarily reflect those of China Daily.