On Oct 21, the Ministry of Foreign Affairs and the HKSAR government signed the Arrangement on the Establishment of the International Organization for Mediation Preparatory Office in the Hong Kong Special Administrative Region, clarifying the specific matters concerning the establishment of the International Organization for Mediation (IOMed, or the International Mediation Court) in the HKSAR.
The IOMed was established in accordance with the Joint Statement on the Establishment of the International Organization for Mediation (the Joint Statement), drafted and signed by China and many other countries, and is responsible for organizing intergovernmental negotiations on matters such as the international convention to be put in place for the purpose of establishing the office.
Many people in Hong Kong are not familiar with mediation, let alone international mediation. Citizens often see in TV dramas when two people argue and utter the phrase “See you in court.” But in fact, litigation is only one of the many means to resolve disputes. Generally speaking, in civil disputes, in addition to resorting to the courts, the legal profession and academia have over the past two decades been actively promoting mediation.
Participation in mediation is voluntary, with an impartial and trained third party, the mediator, assisting the parties to reach a settlement that meets the needs of the parties and that is acceptable to the parties in a closed and good atmosphere, providing space for flexible handling of claims so as to reach a consensus. There is simply no need to go to court. And it is much more direct and faster than the widely used arbitration.
Promote mediation to reduce worsening international tension
Experience around the world has shown that the rate of civil settlements achieved through mediation is very high, and users are mostly satisfied with the outcome of mediation. Mediation has many benefits, the most important of which is that it reduces tension, conflict and risk between the two parties, and makes it easier to achieve reconciliation. In 2019, I participated in an international seminar on mediation experiences in different countries. Participants shared their experiences in their jurisdictions on how to facilitate the settlement of civil disputes through mediation. There was a speech which was awakening to all participants. The speech was delivered by a member of Parliament from an Asian country who expressed her concern about the worsening of international relationships and suggested that “mediation shall not only be adopted within a nation, but also amongst nations”.
Her remarks reminded many participants that mediation should not be limited to home affairs but also extended to international disputes as an effective method and means of settling international disputes; that is, if signatory countries disagree on how to interpret or implement a treaty, the method of mediation can be used to coordinate the parties to the dispute in order to achieve the possibility of reconciliation, reduce the situation of international armed confrontation, and promote the opportunity for peace, which is ultimately for the benefit of human society.
In recent years, the international community has increasingly demanded mediation, but there is currently no international intergovernmental organization dedicated to mediation. The existing dispute-settlement institutions mainly resolve international disputes through litigation and arbitration, as well as the International Court of Justice, international tribunals and World Trade Organization appeal mechanisms, which fail to meet the complex and changeable nature of international disputes. In order to comply with the development trend and needs of international mediation, China and countries with similar objectives drafted and reached a joint statement, and decided to jointly initiate the establishment of an international mediation court to provide mediation services as well as friendly, flexible, economical and convenient solutions for all kinds of international disputes. I wholeheartedly welcome and support the launch of the International Mediation Court in Hong Kong.
During World War II, to promote world peace, some founding members of the future United Nations worked to foster cooperation in international law, international security, economic development, social progress, human rights, democracy and the realization of lasting world peace, and their efforts led to the establishment of the UN on Oct 24, 1945. However, 77 years later, today’s international situation seems to tell everyone that certain Western powers have forgotten the pain of war and are constantly provoking right or wrong, ignoring the domestic conditions, history, culture and social foundation of other countries, and blindly forcing others to accept their democratic system, which has led to incessant civil strife and even civil wars in some specific countries.
Today, everyone should indeed be awakened to the international situation. Since the Trump administration, the United States began to promote anti-globalization and practice unilateral hegemony, while ignoring international commitments, repeatedly challenging the status of international treaties and committing on a constant basis acts of disrespect for the sovereignty of other countries. Some even believe that with the current international situation, the risk of a third world war is rising and is imminent.
Advantages of the rule of law in Hong Kong have been affirmed
Let’s imagine: What would it mean if the international community ceased respecting the international order? This is a dangerous international environment. I believe that any country in the world willing to promote peace should do its utmost to prevent the equilibrium from deteriorating any further. Therefore, it is good news for the world that China has established an international mediation court with countries that are willing to solve problems and promote peaceful coexistence to mediate peacefully and resolve international disputes arising from treaties.
The International Mediation Court will be a treaty-based intergovernmental international organization established by consultation between the parties, committed to resolving disputes and differences in a peaceful and friendly manner, which will be a useful complement to existing institutions and dispute-settlement methods, and will also provide a new platform for the peaceful settlement of international disputes. This is the most meaningful move taken by China to promote world peace with great foresight and full efforts.
The Preparatory Office of the IOMed is expected to organize and carry out negotiations on the convention establishing the IOMed from 2023, and the location of the office is in Hong Kong because the country takes into account Hong Kong’s mature legal system, favorable geographical location and convenient business environment. Hong Kong is proud to have this privilege to assist in the establishment of the International Mediation Court, which is indeed a full recognition of the HKSAR by the central government. The author is indeed honored as a member of the legal profession in Hong Kong! I sincerely wish the International Mediation Court every success in its preparatory work!
The author is a member of the Hong Kong Basic Law Committee of the Standing Committee of the National People’s Congress and a member of the Legislative Council of the Hong Kong Special Administrative Region.
The views do not necessarily reflect those of China Daily.