STATEMENT ON SOUTH AFRICA'S ACCESSION TO THE CONVENTION FOR THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES

South Africa deposited its instrument of accession to the Convention for the Pacific Settlement of International Disputes, thereby becoming the 88th member of the Permanent Court of Arbitration (PCA), seated in The Hague.

The Convention for the Pacific Settlement of International Disputes concluded at The Hague in 1907, provides for the peaceful resolution of international disputes through the use of the PCA and other settlement mechanisms offered by the Convention to resolve inter-state disputes as well as those between states and private entities. It thus contributes to the strengthening of respect for the rule of law among nations.

South Africa's accession to the Convention would, however, not result in mandatory submission of disputes to commissions of inquiry, mediation, conciliation or arbitration foreseen in the Convention. Consent of the parties remains necessary, either by treaty or contract, or by ad hoc agreement between parties, once a dispute has arisen.

South Africa will be in a position, as a State Party to the Convention, to select up to four persons of known competence in questions of international law, disposed to accept the duties of arbitrator, as members of the PCA. The names of these persons are included in the Annual Report of the Administrative Council of the PCA, which is widely distributed and consulted, also outside the Court, by parties that are selecting arbitrators.

As a State Party, South Africa's diplomatic representation to the Kingdom of the Netherlands will represent the country on the Administrative Council.

ISSUED BY THE DEPARTMENT OF FOREIGN AFFAIRS ON BEHALF OF THE SOUTH AFRICAN EMBASSY IN THE HAGUE, THE NETHERLANDS PRETORIA 26 OCTOBER 1998