cooperation in BRICS and
the EU paradox
Paulo Borba CASELLA
Chair Professor for Public International Law &
Vice-Dean at the University of São Paulo Law School;
Visiting Professor at the University of Macau Law School
(since 2007) & author of BRIC (2011)
cooperation in BRICS - why?
Brazil, Russia, India, China & South Africa
- cooperation has its usual role in today’s world: as
known and extensively practiced already
- interdependence of countries in present world
makes cooperation a requirement in each country
- can cooperation have added value?
- can the BRICS build a new model, useful for the
world?
the European Union paradox
• the present status of EU between an IGO
and a confederation of states – no parallel in
history
• admirable achievements over decades
• fully developed institutional & legal system,
including ‘constitutional’ principles,
substantive law and procedures for quality
control of integration development
whereas the BRICS ...
• not even one treaty to stipulate what are the rights
and the obligations of participant countries
• all we have are the three declarations, closing the
year summits of Brasilia, Ekaterimburg and Sanya
• all remains to be done, but not forget changes of
international perception of these and by each of
these countries along latest years
• the will attached to achieve added value: could be
the role of international law & relations shaping a
new multilateral world order
as we know, there are no short cuts
- need to understand each of these civilizations,
quite complex and apparently very different
- each of same to be considered in their respective
history, culture, economy, international relations
- the attitude towards international law, and politics,
both internal & international
- thereafter can joint views be attempted & played
- BRIC is showing something new on the scene ...
search for international insertion
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each and all countries have to look for
but with conscience of interdependence
and of the models to be applied
many possible channels for implementation
once the necessity is acknowledged, there
will be variations on the choice of the
priority partners – and then, BRICS & EU
BRICS and the EU could feature
cooperation with added value
• BRICS and the EU are major changes, of
worldwide repercussion: building a new
world beyond cold war
• both are not simply for ‘internal’ use, but
mainly a device for strategic management
of shared interests
• the relations of the five BRIC with the 27
EU members can change the world
cooperation & the added value
time to redesign cooperation features in the world
the old forms are tired and their results insufficient
the BRICS cooperation is not only for internal use
the new multipolar world is under way
it is necessary and is to be welcomed
but the « added value » is not yet fully established
failure of imperialist unilateralism:
end of US hegemonism (2000-08)
• the entire world carries the burden of the
blunders (military, political, economic &
legal failures) of BUSH years – to show that
this cannot be a model for the world
• if unilateralism died, it has to be ascertained
which multilateralism can we aim at, which
levels can be achieved?
the search for international insertion
great world changes in the last two decades –
so much since the end of the ‘cold war’
most of analysis written before look as old as
ancient history, as it describes the past, a
world that no longer exists
no clear-cut models for international relations
established since: the artist of floating world
variations on themes, familiar yet untried
contrasts of the two blocks
the EU has built itself
with institutions
treaties
procedures
and yet, the EU
looks perplexed
BRIS is open
same yet to be
done, if and when
any of these may
become necessary
whereas BRICS
look confident
substantial changes in the world
• the European Union and the ‘outside world’
• the end of a past model: beyond the EastWest confrontation pattern of Cold War
• new years – new challenges for the world
both EU and the BRICS at crossroads in
search of a future
attempt to view the next years
• if globalization cannot be avoided, it should
be put to work properly – meaning to be
useful for the largest number of people and
countries and not just some ‘happy few’
• growing awareness of the need to protect
human & natural ressources – in order to
keep intelligent life on the planet ...
search for international insertion –
we see it all over again
• present conditions for discourse & practice
• the role to be played by Brazil, Russia,
India, China and South Africa: with each
other, among them & with other countries?
• beyond overlaps, to find the interactions
• search for a new pattern in international
relations, for the benefit of all
BRICS are NOT intended to ...
• go beyond a cooperation model (no EU)
• to cope with historical or geographical
imperatives
• no previously determined pattern to follow
(variety of models from the EU to APEC)
• similarities among apparent differences for
understanding common trends in both cases
BRICS also surely NOT to be ...
• aiming at integrated Europe: this is to be
admired, but not tried by other groups
• tired of long and fruitless endeavours at
integration in South & Latin America
• the repetition of old colonialist models :
south-south as opposed to old north-south
cooperation patterns
BRICS: cooperation, not integration
• converging circumstances and similarities
can help advance building ‘cooperation’
• ‘integration’ may be too much to be aimed:
EU shows, that this is neither a magic word,
nor solves all troubles, internal & external
• Brazil & MERCOSUL have long years of
failed negotiations with the EU: no results
lessons of history,
can be useful, if and when learned
• lessons of history have to be learned and put
into practice
• perception of change is a crucial feature for
an adequate understanding of the world
• this is a good perception by SSUMA
CH’IEN (c. 145-c. 86 b.C.): the classical
Chinese historian could be a guideline
lessons of history to be learned
• the BRICS are not bound to repeat mistakes of
previous eras, they can innovate : shaping the new
multipolar world with call for peace & prosperity
• no ‘humanitarian’ treatment to be expected
• no ‘charity’ handling expected from each other ...
but good faith and fair play are mandatorily
required to build any lasting relationship (there are
lessons from the past, to be avoided in the future)
• the search for competitive international insertion
requires new patterns – it can not just be more of
the same stuff! enough is enough of past!
useful lessons from history ...
but not as ends in themselves
• aggressive hegemonism is to be set aside –
disastrous results of past decade is evidence of
dated model – enough is enough
• building dialogue and cooperation channels
requires perception of common needs and shared
views on goals to be achieved
• cooperation within BRICS and joint action EUBRICS can be innovative, but remains to be built
international perception means
need to react creatively to changes
extension and relevance of changes in the world, &
each of BRICS countries over latest twenty years
no need of extensive review to ascertain same –
mostly positive, and other issues not so much –
just consider how deep & broad transformations :
Brazil since 1988, Russia since the end of the
USSR, India as a nuclear power, China since 1989
and South Africa since the end of the ‘apartheid’
changes of international perception
• nuclear powers (Russia, India & China) & Brazil
played by the rules: ‘nuclear free Latin America’
• permanent members with veto power in the UNSC (Russia, China) (claim: India, Brazil, S.Africa)
• human & natural ressources: assets to develop and
to be preserved – the imperative of education,
acknowledgment and work with cultural diversity
• changes in world balance going on in accelerated
pace – but economic, political, social, human &
environmental impacts seem not yet to be fully
perceived or simply disregarded – for the future?
changes of international perception
& responsibilities of each
• no need to stress the various effects and wideranging impact of ‘globalization’ – enough said
over the last twenty years – remains superficial
looked beyond the weekly review
• globalization should work properly, in order to
share benefits and not only costs thereof, while
building interactions and crossroads
• why not a multilaterally oriented BRICS-EU ?
new perceptions in order to understand changes
and to give tailor-made shape to emerging trends
building the BRICS model
• multilalteral cooperation can be an effective
answer to changes underway
• remains yet to be given a chance in practice
• can be a relevant innovation for a world to be built
over the next two or three decades
• not only economic and political balance & trade,
but with room for principles and international law:
« use of force should be avoided in solving
international disputes » (BRICS, at Sanya, 2011)
building a new model
• BRICS as a model to be built: « world rule based
on international law » and the UN in a central role
• BRICS should aim at « rule based, stable and
predictable world order »
• BRICS is underway and can be a valid answer not
only to the parties concerned, but to third
countries, and a privileged partner with the EU
• BRICS as a matter of ‘cooperation’, can be
flexible for adopting coordinated action, as
intergovernmental initiatives, with no need of new
common institutional structures
BRICS is a choice,
not a matter of destiny
• no historical or geographical imperatives –
especially for Brazil and South Africa / do not
forget ‘neighbour’ issues among the other three
• no need of talk about common destiny, of binding
imperatives and the like – BRICS is a choice, and
a choice to be built, a channel, a viable alternative
• no required format or mandatory recipes – no need
to ‘reinvent the wheel’: models for international
economic cooperation known, to select at choice
building a new world model
• beyond superficial differences between BRICS
and the EU there are common needs and goals to
be pursued: matter of perception of realities &
assessment of common tasks to be done
• a humanist effort to understand the other: need to
go beyond prejudices and preconceived ideas
• can be useful to bind these five together, plus the
EU: « public health, regional cooperation, green
economic development, promote scientific and
technological development and innovation »
• can be efficient and equitable for all the world
BRICS and the EU now and beyond
• common interests, « shared agenda of
strategy » yet to be built
• potential for new global leadership
• challenging task in troubled times, with a
daunting agenda: common position on Syria
• need to redraw world’s financial institutions
• assert political influence on the global stage
BRICS highlights
• reflect changes in international monetary system: added
value for emerging economies & developing countries
• discussion about role of SDR and a ‘basket of currencies’
• international financial regulatory oversight and
supervision, strenghten policy coordination & financial
regulation
• increase production capacity and dialogue
• use of force should be avoided in resolving disputes:
turbulence in Middle East, North & West Africa
• United Nations reform, including the Security Council
the perspective of added value
Joint Declaration (Sanya, 2011) cements importance
of the BRICS
‘cooperation with added value’: has moved from
theory to practice and is expected to grow next, as
a reflection of changing times
independent model for world development: care for
each other’s basic interests and strenghten wider
dialogue and cooperation with third countries
establish a more just and reasonable international
economic and political order and peaceful
international environment
from former prosperity and growth
to a time of knowledge in the EU
• true to Confucian tradition, knowledge not to be
viewed just as the attainment of individual
perfection and intellectual elevation, in itself and
for itself; but same is also relevant for its practical
implementation and the use made thereof
• externally, learning evolves from cultivating one’s
character, to regulating one’s family, to order by
rule in one’s kingdom and, ultimately, to help
bring peace and harmony to the whole world
easy to be wise when all goes well
• in the XVIth. century, WANG Yang Ming,
famous exponent of the philosophy of mind
(hsin-hsüeh), explained greatness as an
allusion to embracing the ultimate unity of
things (wan-wu i-t-i) beyond apparent shape
• the present world requires same
• the academic milieu can contribute to form
and to reach such embracing views
challenge of present times
• the outcome will be crucial for all of us
• naming the ‘EU paradox’ shows that an
organized structure does not solve all issues
• BRICS is not yet structured but shows will
• the interaction of the two can matter for
both and be enormously relevant for all
• cooperation is more necessary than ever ...