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“Brics law”: An oxymoron, or from cooperation, via consolidation, to codification?
Source PublicationBRICS Law Journal

In the global arena, the cooperation between the BRICS countries – Brazil, Russia, India, China and South Africa – covers around 42% of the world’s population and some of the world’s most dynamic emerging economies. Initially, the BRICS cooperation was suggested as an idea, and it was later welcomed as a new addition to the global governance debate about the future. The BRICS countries have already held ten consecutive summits of heads of state plus a large number of meetings at the ministerial level. The cooperation describes itself as a “cooperation and dialogue” platform, but it has nonetheless signed a number of binding treaties and, notably, established the New Development Bank (NDB) as a permanent institution headquartered in Shanghai (China). The cooperation has also met with resistance, criticism and problems caused by the overall complexity of global affairs in a rapidly changing world. The diversity and remote locations of the BRICS countries have also been thought of as an obstacle to their successful cooperation and their ability to play an active part in global governance in the twenty-first century. The main challenge thus lies in their ability to overcome their differences and to make a difference in designing the future global political and economic world order. Against the backdrop of the global governance debate, the present paper therefore asks whether the BRICS cooperation constitutes a novel model of regionalism with multilateral aspirations, and what role law and, notably, the “rule of law” can play in this important task. The paper includes a discussion of the extent to which the BRICS cooperation needs to be upgraded in legal and institutional terms, and possibly to proceed from cooperation via consolidation to the codification of its most important sources of global law.

KeywordBrics Cooperation Brics Law Brics Secretariat Comparative Law Global Governance International Rule Of Law Legal Certainty Oxymora Sources Of International Law
URLView the original
WOS Research AreaGovernment & Law
WOS SubjectLaw
WOS IDWOS:000495875600002
Scopus ID2-s2.0-85074777372
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Cited Times [WOS]:1   [WOS Record]     [Related Records in WOS]
Document TypeJournal article
CollectionFaculty of Law
Corresponding AuthorROSTAM NEUWIRTH
AffiliationDepartment of Global Legal Studies,Faculty of Law,University of Macau,Taipa,E32, Avenida da Universidade,Macao
First Author AffilicationFaculty of Law
Corresponding Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
ROSTAM NEUWIRTH. “Brics law”: An oxymoron, or from cooperation, via consolidation, to codification?[J]. BRICS Law Journal,2019,6(4):6-33.
APA ROSTAM NEUWIRTH.(2019).“Brics law”: An oxymoron, or from cooperation, via consolidation, to codification?.BRICS Law Journal,6(4),6-33.
MLA ROSTAM NEUWIRTH."“Brics law”: An oxymoron, or from cooperation, via consolidation, to codification?".BRICS Law Journal 6.4(2019):6-33.
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