Full Text:


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 particularly 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 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 significance for the future of the BRICS countries and, perhaps, of the whole system of legal relations in a new globalizing world.

About the Authors

M. Zakharova
Kutafin Moscow State Law University
Russian Federation

Maria Zakharova  - Professor,

9 Sadovaya-Kudrinskaya St., Moscow, 125993

V. Przhilenskiy
Kutafin Moscow State Law University
Russian Federation

Vladimir Przhilenskiy) - Professor 

9 Sadovaya-Kudrinskaya St., Moscow, 125993


1. Fan R. Reconstructionist Confucianism: Rethinking Morality after the West (Dordrecht; New York: Springer, 2010).

2. Fan R. Social Justice: Rawlsian or Confucian? in Comparative Approaches to Chinese Philosophy 144 (B. Mou (ed.), London: Routledge, 2003).

3. Gladun E. & Ahsan D. BRICS Countries' Political and Legal Participation in the Global Climate Change Agenda, 3(3) BRICS Law Journal 8 (2016).

4. Glenn H.P. Legal Traditions of the World: Sustainable Diversity in Law (Oxford: Oxford University Press, 2000).

5. Goldman D.B. Historical Aspects of Globalization and Law in Jurisprudence for an Interconnected Globe 43 (C. Dauvergne (ed.), Aldershot; Burlington: Ashgate, 2003).

6. Guzman A.T. & Meyer T.L. International Soft Law, 2(1) Journal of legal Analysis 171 (2010).

7. Legeais R. Grands systemes de droit contemporains: Approche comparative (3rd ed., Paris: Lexisnexis, 2016).

8. Legrand P. The Impossibility of "Legal Transplants," 4(2) Maastricht Journal of european and Comparative law 111 (1997).

9. Martins M.A.B. The European Union and the BRICS: Challenges and Power Relations Between Antagonism and Interdependence, 9(4) International Journal of Arts & Sciences 495 (2017).

10. Palmer V.V. Mixed Jurisdictions Worldwide: The Third Legal Family (Cambridge: Cambridge University Press, 2001).

11. Ponthoreau M-c. Droit(s) constitutionnel(s) compare(s) (Paris: Economica, 2010).

12. Przhilenskiy v. & Zakharova M. Which Way Is the Russian Double-Headed Eagle Looking?, 4(2) Russian Law Journal 6 (2016).

13. Sauron J.-L. L'Europe est-elle toujours une bonne idee? (Paris: Gualino, 2012).

14. Shelton D.L. Normative Hierarchy in International Law, 100(2) American Journal of International Law 291 (2006).

15. Vazquez a. Is the BRICS New Development Bank a Fledgling Alternative to the World Bank?, 4(3) BRICS Law Journal 6 (2017).

16. Walton F.P. The Historical School of Jurisprudence and Transplantations of Law, 9(4) Journal of Comparative legislation and International law 183 (1927).

17. Wilson D. & Purushothaman R. Dreaming with BRICS: The Path to 2050, Global Economics Paper No. 99 (october 2003) (Jun. 6, 2018), available at http://www.goldmansachs.com/our-thinking/archive/archive-pdfs/brics-dream.pdf.

18. Zakharova M.V. Borrowing in Law: To Take or Not to Take, That Is the Question in The Interaction of Legal Systems: Post-Soviet Approaches (W.E. Butler & O.V. Kresin (eds.), London: Wildy, Simmonds & Hill, 2015).

Supplementary files

For citation: Zakharova M., Przhilenskiy V. EXPERIENCES OF LEGAL INTEGRATION AND RECEPTION BY THE BRICS COUNTRIES: FIVE PASSENGERS IN A BOAT (WITHOUT A DOG). BRICS Law Journal. 2018;5(2):4-23. https://doi.org/10.21684/2412-2343-2018-5-2-4-23

Views: 251


  • There are currently no refbacks.

Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.

ISSN 2409-9058 (Print)
ISSN 2412-2343 (Online)