Abstract
The aim of this paper is to analyze whether there is a BRICS perspective on international law and what would be its main features. In the first part, the investigation inquires, based on Nietzsche’s theory of perspectivism, what a perspective is and whether the BRICS fulfils these theoretical thresholds necessary to possess a perspective on international law. After answering positively to this question, the areas of international peace and security, human rights as well as international economic law are scrutinized in order to verify how the BRICS perceives international law. The first two fields were chosen given the fact that they are the fundaments of the international legal system established after 1945, while the latter is related to the area where the BRICS has been focusing its attention since its creation. In a third moment, based on the findings of the previous sections, the structural fundaments of the group’s perspective on international law are identified. Finally, it is possible to conclude that the BRICS perspective on international law is based and shaped by the continuous interactions between the fields of international relations and international law present in the consensus-building process in international organizations as well as by the concept of state sovereignty. These findings allow filling the gap in legal research on the BRICS and better understanding its approach to international law.
Highlights
O objetivo deste artigo é analisar se existe uma perspectiva dos BRICS quanto ao direito internacional e quais seriam as suas principais características
Os dois primeiros campos foram escolhidos tendo em vista o fato de que eles são os fundamentos do sistema jurídico internacional estabelecido após 1945, enquanto o terceiro está relacionado com a área onde os BRICS têm focado a sua atenção desde a sua of the group as an actor in the international arena were criação
Pic in the last years in what regards academic publications,[4] few are the analyses of the group departing from and within the field of public international law
Summary
To witness the presence of different perspectives on a certain topic or the discipline as a whole, which are put forward by different actors involved in it. From the idea of perspectivism, it is possible to identify three decisive elements, which are necessary to be present in order for a specific perspective on something to exist. They are: the participants (persons or group); their interpretation and the cogent power that they give to their worldview. In order to address the question whether a BRICS perspective on international law exists, this paper shall analyze the group through these three lenses. Nietzsche’s theory of perspectivism is structured on pective is built, this section scrutinizes whether it can as well as departs from an individual or group, which be affirmed that there is a BRICS perspective on international law.
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