Kenya and other African nations are closely watching the imminent establishment of a new international organisation dedicated to mediating disputes, a development significantly championed by China.
This new body aims to offer a flexible alternative for resolving international disagreements amid rising global tensions and challenges to traditional dispute resolution systems.
The International Organisation for Mediation (IOMed), whose founding convention is set to be signed in Hong Kong on May 30, emerges at a time when existing mechanisms, such as the World Trade Organisation’s (WTO) dispute settlement system and international investment arbitration, face increasing strain.
These traditional avenues have drawn criticism for their lengthy procedures, high costs, and sometimes inconsistent outcomes. Mediation, a non-binding process where a neutral third party helps disputing parties reach a mutually acceptable solution, is a long-standing method of peaceful conflict resolution enshrined in the United Nations Charter.
The People’s Republic of China, alongside several like-minded states, initiated the IOMed’s establishment in response to a growing international demand for dedicated mediation services.
In 2022, China signed the Joint Statement on the Future Establishment of the IOMed, providing the foundational framework for the organisation. Following this, the IOMed Preparatory Office was set up in Hong Kong in early 2023.
This office has since conducted five negotiation sessions for the IOMed Convention through 2023 and 2024.
During discussions in early 2024, negotiating parties unanimously decided that China would serve as the host country, with the IOMed headquarters to be located in the Hong Kong Special Administrative Region (HKSAR). Chinese Foreign Minister Wang Yi, is scheduled to attend the signing ceremony in Hong Kong on May 30, underscoring Beijing’s strong backing for the initiative.
The IOMed is positioned as the first intergovernmental legal organisation to specialise exclusively in mediation for international disputes.
It is described as an important “global public good,” underpinned by the rule of law and reflecting contributions from developing countries to the international community.
Its formation aims to increase the participation and representation of developing countries, including those in Africa, in international dispute settlement, thereby advancing the global governance system.
For African nations like Kenya, which have experienced complex international disputes, including maritime border disagreements and investment-related conflicts, the IOMed could present a new, less adversarial avenue for resolution.
The organisation pledges to provide amicable, flexible, economical, and effective mediation services, offering an alternative that prioritises dialogue and mutually beneficial outcomes over potentially protracted and costly litigation or arbitration.
The IOMed headquarters is being established in Hong Kong marking a significant development for Hong Kong, as it will be the first time the headquarters of an international inter-governmental organization is hosted in the city.
The IOMed is set to stand alongside institutions like the International Court of Justice and the Permanent Court of Arbitration, but with its unique focus on mediation.
Kenya and other African nations are closely watching the imminent establishment of a new international organisation dedicated to mediating disputes, a development significantly championed by China.
This new body aims to offer a flexible alternative for resolving international disagreements amid rising global tensions and challenges to traditional dispute resolution systems.
The International Organisation for Mediation (IOMed), whose founding convention is set to be signed in Hong Kong on May 30, emerges at a time when existing mechanisms, such as the
World Trade Organisation’s
(WTO) dispute settlement system and international investment arbitration, face increasing strain.
These traditional avenues have drawn criticism for their lengthy procedures, high costs, and sometimes inconsistent outcomes. Mediation, a non-binding process where a neutral third party helps disputing parties reach a mutually acceptable solution, is a long-standing method of peaceful conflict resolution enshrined in the United Nations Charter.
The People’s Republic of China, alongside several like-minded states, initiated the IOMed’s establishment in response to a growing international demand for dedicated mediation services.
In 2022, China signed the Joint Statement on the Future Establishment of the IOMed, providing the foundational framework for the organisation. Following this, the IOMed Preparatory Office was set up in Hong Kong in early 2023.
This office has since conducted five negotiation sessions for the IOMed Convention through 2023 and 2024.
During discussions in early 2024, negotiating parties unanimously decided that China would serve as the host country, with the IOMed headquarters to be located in the Hong Kong Special Administrative Region (HKSAR). Chinese Foreign Minister Wang Yi, is scheduled to attend the signing ceremony in Hong Kong on May 30, underscoring Beijing’s strong backing for the initiative.
The IOMed is positioned as the first intergovernmental legal organisation to specialise exclusively in mediation for international disputes.
It is described as an important “global public good,” underpinned by the rule of law and reflecting contributions from developing countries to the international community.
Its formation aims to increase the
participation and representation
of developing countries, including those in Africa, in international dispute settlement, thereby advancing the global governance system.
For African nations like Kenya, which have experienced complex international disputes, including maritime border disagreements and investment-related conflicts, the IOMed could present a new, less adversarial avenue for resolution.
The organisation pledges to provide amicable, flexible, economical, and effective mediation services, offering an alternative that prioritises dialogue and mutually beneficial outcomes over potentially protracted and costly litigation or arbitration.
The IOMed headquarters is being established in Hong Kong marking a significant development for Hong Kong, as it will be the first time the headquarters of an international inter-governmental organization is hosted in the city.
The IOMed is set to stand alongside institutions like the International Court of Justice and the Permanent Court of Arbitration, but with its unique focus on mediation.
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By Brian Ngugi