China establishes mediation forum in Hong Kong to rival International Court of Justice

Independent

4 days ago

Dozens of countries joined China on Friday in establishing an international mediation-based dispute resolution group.
Representatives of more than 30 other countries, from Pakistan and Indonesia to Belarus and Cuba, signed the Convention on the Establishment of the International Organisation for Mediation in Hong Kong to become founding members of the global organisation, following Chinese foreign minister Wang Yi.
The support of developing countries signaled Beijing 's rising influence in the global south amid heightened geopolitical tensions, partly exacerbated by US president Donald Trump 's trade tariffs.
At a ceremony, Mr Wang said China has long advocated for handling differences with a spirit of mutual understanding and consensus-building through dialogue, while aiming to provide 'Chinese wisdom' for resolving conflicts between nations.
'The establishment of the International Organisation for Mediation helps to move beyond the zero-sum mindset of 'you lose and I win,'' he said.
The body, headquartered in Hong Kong, aims to help promote the amicable resolution of international disputes and build more harmonious global relations, he said.
Beijing has touted the organisation as the world's first intergovernmental legal organisation for resolving disputes through mediation, saying it will be an important mechanism in safeguarding the principles of the Charter of the United Nations. It also positioned Hong Kong as an international legal and dispute resolution services center in Asia.
Mr Wang said the city's rule of law is highly developed, with the advantages of both common law and mainland Chinese law systems, asserting that it possesses uniquely favorable conditions for international mediation.
Hong Kong leader John Lee said the organisation could begin its work as early as the end of this year.
The ceremony was attended by representatives from some 50 other countries and about 20 organisations, including the United Nations.
Yueming Yan, a law professor at the Chinese University of Hong Kong, said the new organisation is a complementary mechanism to existing institutions such as the International Court of Justice and the Permanent Court of Arbitration in the Hague.
'While the ICJ and PCA focus on adjudication and arbitration, IOMed introduces a structured, institutionalised form of alternative dispute resolution — namely, mediation — on a global scale,' she said.
Although many details about the new body are yet to be clarified, it could open the door for greater synergy between formal litigation or arbitration and more flexible methods like mediation, she said.
Shahla Ali, a law professor at the University of Hong Kong, said the International Organisation for Mediation would have the capacity to mediate disputes between states, between a state and a national of another state, or in international commercial disputes.
'Conventions can provide opportunities to experiment with new approaches," she said, noting rising interest in mediation globally as a means to resolve investor-state disputes.