If there is any consistent theme at all in international relations and global affairs throughout these past years, it is that we are now living in a multipolar world.
With the end of the Cold War, the world entered a period of Western dominance that is now giving way to a more complex and fragmented world order.
Disputes and differences between states will only continue to proliferate, but with a multipolar world comes an increasing number of them questioning the role of international law in interstate relations.
Discussions on the role of international law can often be unduly premised on its enforceability or capacity to bind states.
Mediation, as a method of non-binding dispute resolution facilitated by a third party, presents a valuable alternative. There is, in fact, a long tradition of mediation in international relations, which can encompass everything from boundary delimitation to even armed conflicts.
For example, as far back as 1825, the United Kingdom acted as a mediator between Brazil and Portugal, culminating in the signing of the Treaty of Rio de Janeiro, which established Brazil as an independent state.
More recently, the Charter of the United Nations provides mediation as a method for the peaceful settlement of disputes between member states, and mediation clauses can be found in hundreds of treaties across all areas of international law.
It is perhaps a prescient time, then, for Hong Kong to play host to the International Organization for Mediation (IOMed), which was established this year as the world鈥檚 first international intergovernmental legal organisation dedicated solely to mediation.
The IOMed鈥檚 founding convention was signed by 33 states, including China, and its mandate includes the mediation of interstate disputes, disputes between states and individuals, as well as international commercial disputes.
With a focus exclusively on mediation, how best can the IOMed position itself, and its host city of Hong Kong, in this multipolar world?
An apt comparison may be made with another venerable international organisation, the Permanent Court of Arbitration (PCA) in The Hague.
Founded in 1899 following the first Hague Peace Conference, the PCA is now a major destination for the arbitration and mediation of interstate disputes, as well as investment treaty claims. However, what is less well known is that its caseload for its early decades was not significant, and it has only in recent years regained its status as a premier dispute resolution centre.
Like the PCA, the IOMed comes at a time of great shifts in international politics; so it is useful to reflect on ways that it can achieve a running start and position itself as a global centre for the peaceful settlement of international disputes.
One important area would be in training and capacity building for states in the Global South that seek to use the IOMed for resolving their disputes.
A common problem is that the governments of those countries may not have large legal departments, let alone a separate division devoted solely to international legal matters. This makes engagement with mediation challenging and increases the reliance on expensive outside counsel.
It is pleasing to note that Article 5 of the IOMed鈥檚 founding convention provides for IOMed to undertake training activities related to mediation. Capacity building for Global South states would be a fruitful starting point and can leverage Hong Kong鈥檚 diverse talent pool.
On that note, IOMed鈥檚 location in Hong Kong allows it to take advantage of the city鈥檚 role as a hub for global legal services.
Another area could be the establishment of expert panels or advisory bodies on specific areas of international mediation to further leverage Hong Kong鈥檚 established strengths. Model clauses could also be drafted for use by states in their future treaties to further cement IOMed鈥檚 status as the world鈥檚 premier destination for mediation.
While good things may take years, or even decades, to grow and come to fruition, IOMed will represent a strong first step in allowing Hong Kong to provide a lasting contribution to international law.
Martin Hui SC is the current vice-chairman of the Hong Kong Bar Association, a former deputy director of public prosecutions of Hong Kong and a criminal litigator.
Legal Tales is a new weekly column by senior members of the Hong Kong Bar Association presenting their perspectives on current affairs.