BRICS Expanding in the Light of the Principles of International Law

Abstract

Introduction. Starting from January 1, 2024, Argentina3, Egypt, Ethiopia, Iran, Saudi Arabia and the United Arab Emirates should acquire membership of the alliance with the former acronym “BRICS” due to the decision adopted by its XV Summit held on August 22–24, 2023. According to one of the official acts classified as a guide for Russian National Policy in International Affairs, namely the “Concept of Russia’s Participation in BRICS”, approved by the President of the Russian Federation back in 2013, BRICS is to be deemed as a valid tool for strengthening the interstate cooperation. Taking into account other dimensions, it is necessary to develop a comprehensive strategy for cooperation between the alliance countries and define mutually agreed principles of partnership. Theoretical Basis. Methods. The research provides the analysis of the doctrinal positions of the most qualified domestic and expatriate publicists in international law, effective international treaties and international legal acts of the United Nations, official documents (declarations) of the annual BRICS summits, materials of the UN International Law Commission regarding its papers on the topic “Peremptory norms of general international law (jus cogens)”, outcome of the International Court of Justice practice as of the main judicial organ within the United Nations. In the course of performing the research, a number of general and particular scientific methods of cognition were used, including methods of systemic, structural and functional analysis, formal logic, deduction and induction, the method of comparative law, formal legal analysis and historical retrospective approach. The latter are especially productive in the study of the genesis and evolution of the concepts of “principle” in international law, “international organization”, integration, “paraorganization”, “multipolar world”, etc. Results. Both the BRICS emergence and expanding stand as direct challenge to such an international order, which proceeds from the inviolability of the existence of a single “decision-making center” (i. e., the United States and its satellites) as its core basis. In this aspect, resultant from the outcome of the XIV and XV summits held in 2022 and 2023, as well as of a new configuration of multilateralism previously initiated by China in Johannesburg (July 2018) for states that expressed ambition to cooperate with BRICS (PartNIR – “Partnership in the field of a new Industrial Revolution”), in the functioning of BRICS have been developed atypical models for involving third countries into partnership, including interaction with the countries of the region of the state chairing the group, which is carried out within the “BRICS-outreach” format. In light of the above, the study of such aspects pertaining to the theory and practice of international law as the application of the basic principles of international law and jus cogens norms to such cooperation in order to implement multilateralism, as well as the development of special principles of cooperation within the framework of BRICS should be raised to the rank of a specific subject of analysis. Discussion and Conclusion. In the course of the research, certain theses were formulated which relate to the analysis of current relationships of the “five” – Brazil, Russia, India, China and South Africa, accompanied by the assessment of the prospects for the forthcoming future in cooperation of the alliance under new formats. Thus, within the framework of BRICS, preference is given to multilateral or bilateral agreements, as opposed to the institutionalization (which involves coordinating the relationships of the involved parties by creating an international organization/institution). The identification of common features with universally widespread forms, on the one hand, and the distinctive properties of the international legal instruments used by the BRICS, on the other one, in no way deprives the analyzed segment of interstate cooperation of the “cementing” elements inherent to the entire system of international law, which include “basic principles”, “peremptory norms of general international law (jus cogens)”, as well as sectoral and special principles of legal regulation of interstate (“inter-governmental”) public relationship.