cooperation in BRICS and the EU paradox

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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)

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cooperation in BRICS - why?

• Brazil, Russia, India, China South Africa
• cooperation has its usual role in todays 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?

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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

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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

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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 ...

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search for international insertion

• 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

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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

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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

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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?

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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

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contrasts of the two blocks

• the EU has built itself BRIS is open
• with institutions same yet to be
  treaties done, if and when procedures any
  of these may become necessary
• and yet, the EU whereas BRICS
• looks perplexed look confident

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substantial changes in the world

• the European Union and the outside world
• the end of a past model beyond the East-West
  confrontation pattern of Cold War
• new years new challenges for the world
• both EU and the BRICS at crossroads in search of
  a future

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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 ...

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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

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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

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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

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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

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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 CHIEN (c.
  145-c. 86 b.C.) the classical Chinese historian
  could be a guideline

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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!

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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
  EU-BRICS can be innovative, but remains to be
  built

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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

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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 UN-SC
  (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?

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changes of international perception
responsibilities of each

• no need to stress the various effects and
  wide-ranging 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

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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)

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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

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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

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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

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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 worlds financial institutions
• assert political influence on the global stage

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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

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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 others 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

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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
  ones character, to regulating ones family, to
  order by rule in ones kingdom and, ultimately,
  to help bring peace and harmony to the whole
  world

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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

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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 ...