The Chinese message of the Hong Kong gathering

A Chinese-led initiative to establish an International Mediation Organization (IOMED) makes sense, possibly as a formidable counter to existing Western-dominated international arbitration organizations.

Jestha 19, 2082

Rajaram Gautam

The Chinese message of the Hong Kong gathering

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Hong Kong, a special administrative region of China, now has a new identity. The Chinese have started calling this city the 'Capital of Mediation'. The city got a new identity after an important gathering in Hong Kong last Friday (May 30).

On that day, led by China, at least 32 countries of the world jointly signed the Convention on the Establishment of the International Arbitration Organization (IOMED). Most of which are African countries. The 14 African nations that signed the convention are Algeria, Benin, Cameroon, Republic of Congo, Djibouti, Equatorial Guinea, Uganda, Ethiopia, Gabon, Guinea-Bissau, Kenya, Mauritania, Sudan and Zimbabwe. 

Similarly, Cuba, Dominica, Nicaragua, Venezuela and Jamaica, and two European countries, Belarus and Serbia, have also signed among the Latin and Caribbean countries. From the Pacific region, there are Kiribati, Nauru, Papua New Guinea, Solomon Islands, Vanuatu. From Asia, including China, five other countries: Cambodia, Indonesia, Laos, Pakistan and East Timor (Timor Leste) have become founding signatories of the organization's founding convention. 

At the invitation of Chinese Foreign Minister Wang Yi, 20 international organizations/organizations and representatives/observers of at least 60 countries participated in the gathering, Nepal's Foreign Minister Arju Rana Deuba also participated as an observer. In her 'sideline' meeting with Chinese Foreign Minister Wang, she congratulated her for leading the establishment of an international arbitration organization and reiterated Nepal's commitment to the one-China policy, while Chinese Foreign Minister Wang clarified the necessity and rationale of establishing IOMED. 

Earlier, speaking at the opening session of the program, Wang said, "The establishment of IOMED follows the objectives and principles of the United Nations Charter." Although Article 33 of the Charter clearly mentions that efforts should be made to find a peaceful settlement of international disputes through arbitration, there is still no intergovernmental legal organization in this area.

It will fill the lack of such an organization. It makes it its mission to arbitrate disputes between states, between states and foreign investors, and international commercial disputes based on the will of the parties concerned. It will fill the institutional gap in international arbitration and serve as an important public interest in the legal field for good global governance.' 

Foreign Minister Wang also claimed that this organization will become an example in promoting mutual harmony between nations. He added, "Resolving conflicts through dialogue and mediating disputes through consultation is a common value and aspiration of all major civilizations of the world." The establishment of IOMED emphasizes the amicable resolution and promotion of international disputes by giving the conflicting parties a sense of 'win-win'.' 

As the practice of building a new organization in international mediation continues under the leadership of China, there is a cloud of controversy and conflict in the world scene. The Russia-Ukraine war that started in 2022 is not going to stop. Attempts to mediate negotiations to end the war in Turkish Istanbul have not been effective. According to various sources, more than 30,000 unarmed people have been killed in this war. It is estimated that 200,000 soldiers were killed on both sides of Russia and Ukraine. Many Nepali youths have also been killed in this war. 

Next, the Israeli-Palestinian conflict has become a painful wound for the world human society. The trade war between the US and China is not over, even though it appears to be slowing down. Apart from that, there are many border disputes between different countries. China has 'South Sea' conflict with Philippines, Vietnam, Malaysia etc. Similarly, tensions with India in Ladakh and Arunachal Pradesh keep repeating from time to time.

The 'seasonal conflict' continues between India and Pakistan over the issue of Kashmir. Recently, there was a two-day war between these two countries. There are also border disputes between Nepal and India. Although Nepal issued a map including Limpiyadhura and Lipulek from the Parliament, the dispute with India has not been resolved through diplomatic initiatives. 

means, many such disputes and problems inspired by economic, geographical, strategic, geopolitical interests are rampant in different geographies of the world. In some places, taking the form of war, a large number of people have been lost. The United Nations is primarily responsible for reporting such anti-humanitarian wars, conflicts between states, commercial disputes, etc.

The International Court of Justice stands for the adjudication of legal disputes. The World Trade Organization (WTO) is responsible for settling trade disputes. There are other regional organizations as well. European Union, Arab League, African Union etc. The main work of these and many other international and regional organizations is development and peace. These organizations were established to resolve conflicts and disputes and maintain peace. However, these organizations are becoming ineffective. 

Ritualistically, most organizations stand against war, terrorism. All chant slogans of peace, co-existence and friendship. However, how much peace these institutions have established, how much terrorism could be defeated, how much successful mediation could be done? His role is under question. In particular, these institutions are becoming ineffective to resolve war, conflict or regional problems, trade problems. 

Why is an organization like the United Nations accepted by everyone becoming ineffective in solving international conflicts and disputes? This is a subject of great debate. However, in essence, the power of the United Nations has been weighed down by the influence of the 'veto power' of nations.

Although the United Nations puts forward peace proposals, the power nations use vetoes that favor their own interests, but their proposals are often ignored. Due to the economic dependence with the powerful nations, this organization has become useless and has to shrink. On top of that, America and the West continue to vilify the sphere of influence. These accusations do not seem false since the United Nations has become a silent spectator of the massacre of Palestinians. 

In this background, it is meaningful to proceed with the establishment campaign of the 'International Arbitration Organization' (IOMED) under Chinese leadership. It is also potentially a formidable 'counter' to existing Western-dominated international arbitration organizations. Therefore, scholars of international arbitration argue that it should not be limited to a general administrative unit. According to Zakir Kibria, a Bangladeshi writer, this is a bold exercise by China in rewriting the rules of global mediation diplomacy.

In four and a half decades, China has registered itself as the most prosperous and powerful country in the world. China, which is in the race to overtake the US to become the world's first economic power, wants to expand its influence on the world stage. On top of that, he is constantly trying to tear down the kind of commentary that the US and the West are creating against China.

This forum of international arbitration under Chinese leadership is probably a link of this. China wants to strengthen its role as a key architect of multilateralism by promoting alternatives to Western-dominated systems. Experts say that the establishment of an international arbitration organization is a product of China's leadership's strategy to reshape global governance in a more inclusive, practical, and consistent manner with the interests of the developing world. 

China is growing on a strategic path, focusing on geopolitical, economic and security interests. His latest initiative to establish an international arbitration organization is also guided by the same interest. In 2020, China realized the need for an effective mechanism in international arbitration and started the first attempt to establish an organization of this nature. In 2020, the International Organization for the Prevention and Settlement of Commercial Disputes (ICDPASP) was established.

China also established the International Commercial Court (CICC) in 2018, whose main task was to resolve BRI-related trade disputes. Next, there is the Shanghai Cooperation Organization (SCO), which is a platform for increasing China's geopolitical influence. In 2022, the Global Security Initiatives (GSI) proposed another strategy to expand geopolitical influence. 

This is his second attempt at establishing the International Organization of Arbitration (IOMED). Which started in 2022. On October 21, 2022, the Ministry of Foreign Affairs of China and the Government of the Hong Kong Special Administrative Region opened the IOMED Preparatory Office in Hong Kong. Initially he sought diplomatic support from 20 like-minded nations.

Some nations that are dissatisfied and suffering because of the Western-centric arbitration system, agreed to China's proposal. Especially African, ASEAN, Latin American countries joined taking it as an opportunity for an equitable dispute resolution mechanism. In 2023, the Preparatory Office for the proposed International Arbitration Organization was opened and now 32 countries have jointly signed the Convention. 

After the signing ceremony for the establishment of an international arbitration organization in Hong Kong, the Global Times, the mouthpiece of the Chinese government, writes, "The signing in favor of the international arbitration organization has opened a new door for peace in the world." It will provide a common platform for mediating various types of disputes between different countries.'

Another mouthpiece China Daily claims, China has already achieved significant results in the peaceful mediation of international disputes by improving the relationship between Saudi Arabia and Iran, and improving the relationship between Pakistan and Afghanistan. And now, after the establishment of the International Arbitration Organization, China can mediate more effectively for the establishment of peace between countries that have gone through various disputes.' The treaty has just been signed. Now how the organization will be built and how it will operate, what will be its effectiveness, fairness and acceptability, it is mandatory to wait for the future days.

China's leadership in international arbitration organizations is intertwined with its economic, security and geopolitical interests. As such, China wants to increase its participation and influence in the international legal system. Currently, China's export economy is affected by the whims of US President Donald Trump. Therefore, China, which is growing rapidly in global trade and investment, is looking for a platform where it has its own influence, rather than Western dominance, for dispute resolution in order to maintain stability. This will facilitate the settlement of disputes through international arbitration organizations and will help the implementation of its ambitious project BRI. 

On the positive side, China has advocated peaceful resolution of disputes as it moves forward strategically. It has emphasized that the dispute resolution platforms should be made fair, neutral and inclusive. He is trying to make it acceptable to many by talking about voluntary participation and fairness. The issue of multilateralism and inclusion has been moved. It is of the opinion that a more balanced, flexible and non-coercive option should be given, especially for developing countries. Most importantly, it has advocated that disputes should be resolved in accordance with the principle of 'win-win' rather than in terms of victory. 

Foreign Minister Wang, while giving a speech in Hong Kong, used a Chinese folk tale to explain the importance of mediation. According to the story, a dispute between two neighbors over who should own a two-meter-wide alley eventually went to an arbitrator. And, in a prudent mediation, both neighborhoods agreed to give up one meter each, and when that happened, a two-meter lane was created for pedestrians.

He added, "With fair, judicious and transparent mediation, weapons and conflicts can be replaced by gifts of jade and silk." The establishment of the International Arbitration Organization is for that. As Foreign Minister Wang said, will the establishment of IOMED become a platform to promote global peaceful development or will it be limited to China's strategic part? That is in the future. 

Rajaram

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