Experiences of Legal Integration and Reception by the Brics Countries: Five Passengers in a Boat (Without a Dog)
Author | M. Zakharova - V. Przhilenskiy |
Position | Kutafin Moscow State Law University (Moscow, Russia) - Kutafin Moscow State Law University (Moscow, Russia) |
Pages | 4-23 |
BRICS LAW JOURNAL Volume V (2018) Issue 2
ARTICLES
EXPERIEnCES oF LEGaL InTEGRaTIon anD RECEPTIon
BY THE BRICS CounTRIES: FIVE PaSSEnGERS In a BoaT
(wITHouT a DoG)
MARIA ZAKHAROVA,
Kutan Moscow State Law University (Moscow, Russia)
VLADIMIR PRZHILENSKIY,
Kutan Moscow State Law University (Moscow, Russia)
DOI: 10.21684/2412-2343-2018-5-2-4-23
This article assesses the problems and prospects of the development of cooperation
among the BRICS countries’ in the sphere of law and the movement of these countries
towards the creation of a common legal framework. The article presents a comparative
analysis of the systems of law, including the cultural, historical, social and political
contexts of their formation and development as well as the functioning of the systems
in the conditions of the modern world.
The article par ticularly focuses on the subject of a common philosophy of law for the
BRICS countries that would allow not only to establish the interaction of such dissimilar
partners in the legal sphere, but also to move towards a new model of legal interaction for
the whole world that has embarked on the path of globalization. Special means allowing
the assessment of the possibility of future legal integration and globalization based on
a common philosophy of law are the traditions and values of the civilizations represented
by the BRICS countries. The article suggests that the core of the civilizational and value-
based identity of each BRICS partner consists in a set of ideas and interpretations of the
notion of justice clearly manifested in the controversy with the theory and ideology of
justice proposed by the initiators and leaders of globalization – the countries of the West
led by the United States. The theory and ideology of justice promoted by the “Atlantists”
is concisely formulated in the book “A Theory of Justice” by John Rawls. Therefore, the
MARIA ZAKHAROVA, VLADIMIR PRZHILENSKIY 5
reaction to and discussion of such a theory by the philosophers and jurists from Russia,
India and China allows determining the contours of the common philosophical and
legal position of these countries as well as outlining its signicance for the future of the
BRICS countries and, perhaps, of the whole system of legal relations in a new globalizing
world.
Keywords: BRICS; philosophy of law; theory of justice; legal integration; regional
cooperation.
Recommended citation: Maria Zakharova & Vladimir Przhilenskiy, Experiences
of Legal Integration and Reception by the BRICS Countries: Five Passengers in a Boat
(Without a Dog), 5(2) BRICS Law Journal 4–23 (2018).
Table of Contents
Introduction
1. BRICS Within the Framework of Globalization
2. Legal Inuences and Legal Cooperation Among the BRICS Countries
3. The BRICS Countries’ Philosophy of Law: Experiences of the Proper
and the Actual
Conclusion
Introduction
As we may recall, the characters in the well-known book by Jerome K. Jerome
“Three Men in a Boat” (1889) ventured on their daring journey one ne day in the
late 19th century. This adventure allowed them to escape from the routine of idle
daily life and connement within the city walls, and came as a breath of fresh air full
of the promise of change.
In the 21st century, the initiative of the BRICS had to a certain extent similar
motives: to provide a new impetus and a favorable current for the development
of th e relations between the members of the bloc. A t the sa me time, the main
drivers for and determinants of creating the bloc of regional leaders were of an
economic nature. The term “BRIC” was rst introduced by Jim O’Neill, the leading
economist and analyst at Goldman Sachs Bank, in November 2001. The term
became widely known in 2003, when Goldman Sachs issued an analytical repor t
forecasting that by 2040 the countries of the BRIC group would catch up with –
and by 2050 overtake – the USA, Japan and the countries of Western Europe in
terms of total GDP.
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