International Cooperation of BRICS Countries in the Field of Forced Migration: Topical Issues and Prospectives

Abstract

Introduction. International law acts of BRICS countries enshrine their attachment to enforcement of the international cooperation in the field of population, in particular migration. The rise in the number of forced migrants on their territories as well the accession of new States to BRICS explains the topicality of the research into the particularities and prospects of BRICS countries’ cooperation in the sphere of forced migration. Meanwhile the international law acts adopted by BRICS countries do not enshrine their unified position as regards general principles of their cooperation in the sphere of forced migration.Materials and Methods. The conciliation theory according to which creation of international law norms results from the reconciliation of international legal position of its subjects serves as the theoretical framework for the present research. While exercising autonomous international legal policy, each State aims at enshrining the principles of its foreign policy in the international law acts. International legal positions of States are enshrined in their treaties, national legislation and unilateral acts. The article contains the results of a comprehensive comparative analysis of international legal positions of BRICS countries as regards international law norms governing the legal status of forced migrants. The subject of the research includes universal treaties, BRICS countries’ international law acts, national legislation and unilateral acts.Results. BRICS is an intergovernmental institution, which is not de jure an international organisation. The acts adopted by BRICS countries are joint unilateral acts enshrining their unified positions on international law. International cooperation of BRICS countries in the sphere of forced migration is based on principles of rule of international law and multilateralism as well as their coincident and similar positions on interpretation and application of international law norms governing the legal status of forced migrants. BRICS international law acts enshrine the international law concepts applicable to the international cooperation in the field of forced migration.Discussion and Conclusions. Conciliation of international law positions of BRICS countries as regards interpretation and application of international law concepts of “durable solution to the problem of forced migrants”, “responsibility sharing”, “solidarity”, “common but differentiated responsibility” as well as other international law concepts upon which the international cooperation in the field of forced migration is based should be considered a prospective area of their international cooperation.