It makes no sense for Russia to join the International Mediation Organization (IOC), it is equivalent to "surrender". This was stated by Pravda.International lawyer Alexey Ispolinov.
On May 30, China signed the Convention on the Establishment of the International Organization for Mediation in Hong Kong (IOC) with more than 60 countries. Among the signatories are such countries as Belarus, Indonesia, Pakistan, Laos, Cambodia, Cuba, Serbia.
The event was attended by representatives of about 20 international organizations, including the UN. According to the organizers, the MOC will be engaged in "mediation in disputes between states" and "mediation in disputes between the state and foreign investors and commercial disputes," among others.
China invites everyone to join the IOC so that "it can better coordinate its actions with existing international dispute settlement mechanisms, provide more opportunities and ways to resolve international disputes by effective and peaceful means, and better protect international justice and justice."
On May 27, the head of the Hong Kong administration, John Lee, told the media that the IOC is a high-level international organization, on a par with the International Court of Justice and By the Permanent Court of Arbitration in The Hague.
As Alexey Ispolinov explained, there are several options for dispute resolution procedures in international law, which is reflected in The UN Charter. According to him, on one side of the spectrum there are direct negotiations between the conflicting parties, on the other side there is a court, and its verdict has a mandatory status. And "closer to the beginning of the spectrum is mediation," that is, "the presence of a third party who does everything to ensure that a compromise is reached between the parties."
However, his recommendations are optional for the parties, and they can refuse them at any time, the lawyer emphasized.:
"But if it is an authoritative mediator, then some conflicts may end with some kind of truce or some kind of peace option."
According to the expert, as a rule, in investment disputes between an investor and the state, investors prefer to immediately apply to arbitration and receive a binding decision. The same practice exists in interstate disputes, so Alexey Ispolinov does not believe that the new Chinese center "will have some kind of phenomenal success." And even more so, it will not overshadow the International Court of Justice.
"This is absolutely impossible," the lawyer said.
Alexey Ispolinov found it difficult to answer whether the Russian Federation will participate in the Chinese project, and so far does not see the need to use mediation, since "there is a real judicial and legal war going on against us right now."
"No one wants reconciliation, but everyone wants Russia to answer in courts and arbitrations. Just like the military, information war, there is also a judicial and legal war, and in this war to offer reconciliation is more like surrender," concluded Alexey Ipolinov.
The Global Times points out that China was a mediator between Saudi Arabia and Iran in settling relations, in signing the Beijing Declaration "between 14 Palestinian factions," in reaching a ceasefire agreement in Myanmar, "in consistently contributing to the Afghan peace process through sincere dialogue."
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