The University of Pretoria’s (UP) Faculty of Law recently hosted a high-level regional conference that focused on the Hague Conference on Private International Law (HCCH) and the relevance of its work for Southern Africa. The HCCH develops international legal instruments such as conventions and guidelines to respond to global needs.

The conference was co-hosted by UP’s Law Faculty and its Centre for Child Law, and collaboratively organised by Finland’s Ministry of Justice, South Africa’s Department of International Relations and Cooperation (Dirco), the HCCH, Namibia, Tanzania and other Southern African Development Community (SADC) states.

The delegation – justice ministers and ministerial representatives from South Africa, Finland, Namibia and Tanzania – signed a joint statement agreeing to promote the work of the HCCH as well as international and multilateral cooperation.

Delegates included South Africa’s Minister of Justice and Correctional Services Ronald Lamola, a UP alumnus, and Secretary-General of the Hague Conference Dr Christophe Bernasconi, both of whom were speakers at the event.

“South Africa is home to a diverse population and includes many languages and legal systems,” Minister Lamola said. “Therefore, the work of the HCCH is relevant to Southern Africa in several ways. It helps to ensure that legal disputes involving different countries and jurisdictions can be resolved consistently and predictably, promoting trade and investment in the region.”

He added that the HCCH’s work could assist Southern African countries to improve on the African Continental Free Trade Area agreement, and that multilateral corporation and private international law are closely related.

“These laws together to create a more efficient and fair resolution of cross-border disputes, helping to promote certainty in international transactions,” Minister Lamola said.

The high-level regional conference focused on the Hague Conference on Private International Law and the relevance of its work for Southern Africa.

He noted that free trade orders, legal disputes and having access to fair and efficient dispute-resolution mechanisms could promote the rule of law and support economic growth in the region.

“The HCCH provides training and capacity-building programmes to help countries implement these instruments and improve their legal systems more generally. I hope awareness will be raised on this aspect.”

The Minister concluded that HCCH conventions and instruments contribute to enhancing cooperation and integrating effective multilateral solutions to private international law problems. He urged other states in Southern Africa to consider hosting similar regional conferences to promote the work of the HCCH.

Dr Bernasconi referred to the conference as a meaningful initiative to talk about the relevance of multilateralism in general and, more specifically, the work of the HCCH.

He said what distinguishes the work of the HCCH is that it not only puts conventions and treaties on the table and lets them live their life, but it monitors practical operations, and brings contracting parties together to talk about the operation and what needs to be done to improve these practical operations.

Essentially, the HCCH builds bridges across different legal systems so that questions on private international law are answered in the same way, ensuring legal certainty and predictability, and thus effective legal cooperation.

“All these questions should be answered similarly across all jurisdictions,” Dr Bernasconi said. “This is when the unification of private international law comes to full fruition. The HCCH conventions facilitate cross-border interaction with little impact on domestic law.”

While there are several members of the HCCH around the world, with 156 connected parties, this has not always been the case for Africa. Since 2000, the HCCH has added 44 new members worldwide, with six from Africa.

Given the under-representation of Africa, Dr Bernasconi believes that the HCCH needs a regional presence on the continent, particularly among SADC nations. Having more African members would strengthen the voice of Africa within the HCCH. African states have their expertise to bring to the table to make their voices heard, to contribute to these discussions and to enrich perspectives, he said.

“[We need to] offer these post-convention services and assistance to ensure that African states and African members can enjoy these benefits,” Dr Bernasconi said.

In an address read out on her behalf, Finland’s Minister of Justice, Anna-Maja Henriksson, conveyed her thoughts on the HCCH as a mechanism that provides a framework to build on globally; its conventions represent multilateralism in a practical and meaningful way.

“The multilateral framework established in the rule-based international order allows countries representing different legal orders and judicial cultures to cooperate and contribute to mutual trust on a global level. This conference offers a timely possibility to explore opportunities to continue cooperation between interested Southern African states to join the HCCH and/or implement its conventions.”

According to the Namibian Minister of Justice, Yvonne Dausab, who was unable to attend the conference, Namibia has embraced multilateralism since independence.

In a speech read on her behalf, it was stated: “We consider ourselves as a child of international solidarity, as Namibia has signed and ratified or acceded to many multilateral agreements. These commitments reflect the needs of our society and reaffirm the impact of globalisation on our cross-border interactions. We are not an island and therefore thrive on the interconnected nature of the world to forge meaningful solidarity and friendships for and in furtherance of social justice.”