The European experience of a regional integration process influenced the creation of different kind of organizations with regional objectives. These organizations belong to an open regionalism model different to the European process because of the relation between objectives and mechanisms established in the foundational treaties.
Foundational treaties are primary rules to define the extent and capacity for the creation of secondary legislation in regional organizations. Open regionalism is a kind of not focused to create common regulations or complex institutional frameworks. The paper will research on the new challenges and roles established for the legislation in regional organizations.
In the field of competition law, the international legal regime is virtually non-existent. Despite certain success of regional integrationist developments that led to a significant degree of harmonization and convergence of the substantive competition rules, their enforcement remains primarily national. Despite economic, political, and social differences amongst BRICS countries, the significance of competition policy in these globalized economies prompted a certain degree of co-operation and experience sharing. The presentation addresses the actual and potential contribution of the BRICS to overcoming or shifting the international fragmentation of the competition law. The overview of the current BRICS initiatives and cooperation should provide a better understanding of the BRICS approach towards the role of competition law, the substantive and procedural competition rules as well as the international enforcement cooperation.
This presentation will discuss the role that cultural and creative industries may play in helping the BRICS contribute to global governance in times of change, by focusing on international cultural cooperation among the BRICS and towards other countries. It aims at raising debate on the possible content of a future common BRICS agenda on culture, cultural diversity and the creative economy, founded on the 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions and taking full account of the challenges and opportunities brought by the digital economy with respect to cultural diversity.
One of the most pertinent but equally difficult questions in law and about the nature of law is about its “sources”. Given that law itself is a dynamic and contested concept, the question about sources is equally contested. In fact, a long time ago the warning was issued that “the term sources of law has many uses and it is a frequent cause of error”. Most of all, are they sources of law immutable like the laws of nature presumably are? Second, if not, then what about new sources of law?
The present paper will discuss the possible emergence of a new body of law covering the cooperation between the BRICS countries (Brazil, Russia, India, China and South Africa). In a second step, it will align the question of a possible emergence of BRICS Law as a sui generis international legal regime with the need for new sources of law to be considered, notably in times of rapid change and emerging technologies, which pose a fundamental problem for the integrity of law.