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NUMERO 20 - 29/10/2014

 BRICS as a Global Legal Actor: From Regulatory Innovation to BRICS Law?

The BRICS countries (Brazil, Russia, India, China and South Africa) have been at the center of global regulatory debates due to their growing economic leverage and the ambition to convert it into long-term influence on the global order. While their engagement in various subfields of global regulation such as financial or security affairs has been extensively analyzed, no sustained attempt has been undertaken to examine the capacity and the character of the BRICS as a global legal actor - an actor able to influence the field of law at the global level across the full range of its activities. This article addresses this gap. It develops a new conceptual framework that examines the BRICS’ “actorness” through its ability to offer a distinctive vision of global regulation, develop intra-BRICS cooperation in the field of law, and evolve as an entity over time. The article argues that the BRICS displays regulatory innovation by changing the dominant legal narrative, but the lack of sustained intra-BRICS legal cooperation limits its regulatory potential. The BRICS is analyzed as an actor under construction, and its prospects for developing the BRICS law are assessed... (segue)

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