HK mediation organization a new dispute settlement option

The widely expected signing of the Convention on the Establishment of the International Organization for Mediation in the Hong Kong Special Administrative Region on May 30 means China's political and legal practice can now be used in mediating and resolving international disputes. China has always advocated the use of mediation, consultation and dialogue to settle disputes, because it believes in harmony and integration.

With countries around the world becoming increasingly interconnected, it is natural for them to have differences and disputes. But the global trend is of promoting peace, development, cooperation and mutual benefit. Rooted in China's culture, mediation promotes global peace, development, win-win cooperation and mutual benefit, while helping stabilize the world order.

For long, Western countries have been using judicial litigation to resolve disputes. But judicial litigation is not the ideal way of settling all kinds of disputes, especially because the drawbacks of litigation have become increasingly prominent, with many parties refusing to accept the judgments.

Compared with traditional dispute resolution methods, such as litigation and arbitration, mediation takes into consideration all the claims and grievances of both sides, with voluntarily reaching settlement agreements having a higher rate of acceptance and implementation by all parties.

The openness and inclusiveness of the mediation organization will also help countries deepen their understanding of each other's history, traditions and development needs, thereby further reducing misunderstandings and conflicts.

The importance of mediation in dispute settlement has been overlooked by the international community despite international mediation, along with negotiation, investigation, arbitration and judicial settlement being included in the UN Charter as a major method for peacefully resolving global disputes. Mediation aligns with the principles of international law such as sovereign equality, non-interference in the internal affairs of other countries and engaging in win-win cooperation. The Vienna Convention on the Law of Treaties and other international treaties also provide detailed regulations for the mediation process.

Yet there is no permanent institution dedicated to settling disputes between countries through mediation. Existing dispute settlement bodies resolve international disputes mainly through litigation and arbitration, and generally use mediation only as an auxiliary or preparatory measure. As the world's first intergovernmental institution dedicated to resolving international disputes through mediation, the organization is committed to providing specialized mediation services to resolve disputes between states, and between a state and nationals of another state, as well as disputes between private entities.

The mediation organization will not only complement the existing dispute settlement institutions and methods, but also help settle international disputes in accordance with international law and at a relatively low cost.

As a peace mediator in international disputes, China has achieved significant results including bringing about a rapprochement between Saudi Arabia and Iran after seven years. And now that the mediation organization has been established, China can better and more efficiently mediate peace between disputing countries.

More than a dozen countries including China, Indonesia, Pakistan, Laos, Cambodia, Serbia, Belarus, Sudan, Algeria and Djibouti have signed or supported the joint declaration on the establishment of the international mediation organization. In February 2023, the central government, under the framework of the joint declaration, helped establish the mediation organization preparatory office in Hong Kong to organize and conduct inter-governmental negotiations for the convention.

By establishing the organization in Hong Kong, Beijing not only recognizes the SAR's status as an international dispute resolution center but also has cleared the way for more developing countries, including China, to more closely participate in international affairs. As an important public good that promotes the rule of law, the organization will adhere to the principle of joint consultation and construction, and will be open to all countries while helping build a more just, reasonable, representative and inclusive world order.

China's deep involvement in the establishment of the organization shows it is committed to better safeguarding the interests of the country and the people through legal means and advancing international rule of law. It is also making greater efforts to help set international rules.

The organization will contribute Chinese wisdom to promoting a more equitable and inclusive international dispute settlement mechanism. Having said that, it is essential that all parties involved make continuous joint efforts to ensure the effective operation of the mediation organization in accordance with the convention and provide high-quality mediation services for countries locked in disputes.

The author is an assistant research fellow at the China Institute of International Studies. The views don't necessarily reflect those of China Daily.

If you have a specific expertise, or would like to share your thought about our stories, then send us your writings at opinion@chinadaily.com.cn, and comment@chinadaily.com.cn.