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Legal Harmonisation in BRICS: Analysing Cross-Border Trade Rules and Dispute Settlement Mechanisms Haryono Haryono; Woro Utari; Diah Ayu Rahmawati; Budi Endarto; Joice Soraya
West Science Social and Humanities Studies Vol. 2 No. 12 (2024): West Science Social and Humanities Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsshs.v2i12.1558

Abstract

This study explores the legal harmonization of cross-border trade regulations and dispute settlement mechanisms within the BRICS bloc, comprising Brazil, Russia, India, China, and South Africa. With diverse legal traditions and economic priorities, BRICS nations face significant challenges in aligning their legal frameworks to foster seamless trade and effective dispute resolution. Using a normative juridical approach, this research examines regulatory disparities, existing dispute resolution mechanisms, and the potential for harmonization. The findings highlight key barriers, such as fragmented legal systems, inconsistent enforcement, and limited institutional capacity, while proposing actionable strategies, including standardized tariff systems, mutual recognition agreements, and the establishment of a centralized arbitration body. By addressing these issues, the study underscores the importance of legal alignment for enhancing economic integration and strengthening BRICS' position in global trade.
BRICS and International Law: A Critical Comparative Analysis of Sovereignty and Non-Intervention Policy Diah Ayu Rahmawati; Haryono Haryono; Woro Utari; Sinarianda Kurnia Hartantien; Joice Soraya
West Science Interdisciplinary Studies Vol. 2 No. 12 (2024): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v2i12.1549

Abstract

The BRICS group, made up of Brazil, Russia, India, China, and South Africa, has become an influential instrument of international law, especially with respect to its promotion of sovereignty and the policy of non-intervention. The paper discusses both the collective and individual contribution of BRICS countries toward the interpretation and implementation of these principles through a normative juridical perspective. The findings reveal that while BRICS upholds state sovereignty and is against unilateral interventions, huge variations between member states remain because of the diverse historical, cultural, and strategic contexts in which they are situated. Case studies, including Russia's actions in Crimea and China's South China Sea policies, highlight both alignment and contradictions within the bloc. While BRICS contributes to the positive promotion of sovereignty and the espousal of multilateralism in global governance, challenges in terms of incoherent practices and lack of cohesion remain. The present research underlines BRICS' potential to lead a multipolar international legal system in striking a balance between state autonomy and collective responsibility.