cooperation in BRICS and the EU paradox

1. 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)

2. 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?

3. 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

4. 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

5. 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 ...

6. 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

7. 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

8. 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

9. 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?

10. 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

11. 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

12. 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

13. 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 ...

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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!

20. 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

21. 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’

22. 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?

23. 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

24. 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)

25. 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

26. 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

27. 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

28. 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

29. 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

30. 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

31. 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

32. 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

33. 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 ...