Author: Monica R, Sastra Deemed University
Abstract
BRICS has developed from an economic grouping of emerging economies into an important platform for political, economic, financial and developmental cooperation. The term “BRIC” was originally coined in 2001 to refer to Brazil, Russia, India and China. The first BRIC summit was held in 2009, while South Africa joined in 2011, transforming BRIC into BRICS. The grouping subsequently expanded substantially, including Egypt, Ethiopia, Iran and the United Arab Emirates in 2024, and Indonesia as a full member in 2025.
The expansion has increased the geographical and economic significance of BRICS and strengthened its claim to represent the interests of developing and emerging economies. In 2026, India assumes the BRICS Chairship, providing an important opportunity to examine the group’s legal character, institutional development, global-governance agenda and emerging challenges.
From a legal perspective, BRICS is particularly significant because it does not operate as a conventional treaty-based international organisation. According to BRICS’ own institutional description, it has no constitutive treaty, permanent secretariat or independent budget. Its cooperation is instead developed through leaders’ declarations, ministerial statements, terms of reference, working groups and other institutional arrangements.
To the Point
I. Historical Evolution of BRICS
BRICS originated primarily as an economic concept but gradually developed into a political and diplomatic forum. Its original objective was to increase cooperation among major emerging economies and strengthen their representation in international economic institutions.
The establishment of the New Development Bank (NDB) was a major institutional development. The NDB provides financing for infrastructure and sustainable-development projects and represents an attempt by BRICS countries to strengthen development finance outside traditional institutions.
The enlargement of BRICS has further transformed its legal and geopolitical character. It now provides a forum connecting countries from Asia, Africa, Latin America and the Middle East. Its cooperation is organised around three broad pillars: political and security cooperation, economic and financial cooperation, and cultural and people-to-people exchanges.
II. Legal Nature and Status of BRICS
BRICS is not a conventional international organisation created by a constitutive treaty. It does not have a permanent secretariat, independent budget or supranational authority.
Its principal instruments include summit declarations, ministerial statements, memoranda of understanding, terms of reference and institutional decisions.
Nevertheless, soft law can have practical legal significance. Repeated commitments may contribute to the development of common state practice, influence negotiations in other international institutions and establish political expectations concerning state conduct.
III. BRICS and Fundamental Principles of International Law
BRICS documents repeatedly refer to principles contained in the United Nations Charter, including sovereign equality, respect for territorial integrity, peaceful settlement of disputes, non-interference and multilateralism.
The 2025 Rio de Janeiro Declaration, for example, reaffirmed commitment to international law and the purposes and principles of the UN Charter. It also emphasised peaceful settlement of international disputes through dialogue, consultation and diplomacy.
This provides an important legal foundation for BRICS cooperation.
IV. BRICS and Reform of Global Governance
BRICS advocates greater representation of developing countries in institutions such as the United Nations Security Council, International Monetary Fund and World Bank. Its position is based on the argument that contemporary global institutions should better reflect present economic and demographic realities.
The 2025 BRICS Leaders’ Declaration called for greater representation of emerging and developing countries in global decision-making structures.
From an international-law perspective, Security Council reform is particularly significant because amendment of the UN Charter involves a formal legal procedure under Articles 108 and 109. Therefore, BRICS’ political demand for reform would ultimately require agreement through the established Charter-amendment process.
V. BRICS and International Economic Law
Economic and financial cooperation constitutes another major legal dimension of BRICS. BRICS countries have advocated reform of the international financial architecture, including IMF quota and governance reform. In 2025, BRICS finance ministers also addressed international tax cooperation, fiscal transparency, equitable allocation of taxing rights and measures against tax evasion and illicit financial flows.
These initiatives raise questions under international economic law concerning trade, investment, taxation, financial regulation and cross-border transactions.
The proposed greater use of national currencies in international trade also has legal consequences. Implementation requires compatible banking regulations, payment-system rules, foreign-exchange regulations and central-bank cooperation.
VI. New Development Bank and Development Finance
The New Development Bank is perhaps BRICS’ most significant institutional achievement.
The Bank seeks to finance infrastructure and sustainable-development projects and provides an alternative source of development finance. Its legal significance lies in its institutional personality, lending framework and relationship with member states.
Its activities also raise questions concerning environmental safeguards, procurement, transparency, sovereign borrowing and accountability.
The NDB demonstrates how BRICS cooperation can move beyond political declarations into functioning institutional mechanisms.
VII. Emerging Legal Issues: Artificial Intelligence and Digital Governance
The 2025 BRICS Leaders’ Declaration recognised the need for international cooperation concerning AI governance and supported responsible development while emphasising national regulatory frameworks, the UN Charter and state sovereignty.
This creates several emerging legal questions:
* Who owns AI-generated and AI-assisted intellectual property?
* Who bears liability for harm caused by autonomous systems?
* How should cross-border AI services be regulated?
BRICS cooperation in this area could contribute to the development of international norms concerning AI, data protection and digital sovereignty.
VIII. Climate Change and Environmental Law
Climate change is another important legal area. BRICS has supported cooperation concerning climate finance, sustainable development and energy transition. Its members have also emphasised the importance of the UN climate-change framework and the Paris Agreement.
The principal legal issue concerns the balance between environmental obligations and the development rights of emerging economies. Developing countries frequently emphasise the principle of common but differentiated responsibilities and respective capabilities (CBDR-RC) in international environmental law. BRICS provides a platform through which developing economies can coordinate their positions in international climate negotiations.
IX. Human Rights and Humanitarian Law
BRICS’ growing involvement in international political and security matters also raises questions concerning international humanitarian law and human rights.
The group has repeatedly referred to protection of civilians, peaceful settlement of disputes and international humanitarian principles. In 2025, BRICS issued a statement concerning the Middle East that emphasised protection of civilians and civilian infrastructure in accordance with international humanitarian law.
However, BRICS members have different domestic legal systems and different approaches to human-rights issues. This diversity can make it difficult to formulate detailed common standards.
Therefore, BRICS’ human-rights role remains primarily political and diplomatic rather than equivalent to a regional human-rights enforcement system.
X. Dispute Settlement and Accountability
Another legal weakness is the absence of a comprehensive BRICS dispute-settlement mechanism.
Unlike the WTO, which has a formal dispute-settlement framework, BRICS generally relies upon consultation, negotiation and consensus. There is no BRICS court with compulsory jurisdiction over disputes between members.
This flexible structure facilitates participation by states with different legal systems, but it also limits enforceability.
Future institutional development could therefore involve clearer procedures for resolving disputes concerning BRICS programmes, financing arrangements, trade cooperation or implementation of institutional commitments.
XI. Major Challenges
BRICS faces several structural challenges.
First, its members have different political, economic and strategic interests. The enlargement has increased diversity and consequently makes consensus more difficult.
Second, tensions between major members can affect institutional cooperation.
Third, rapid expansion may make it difficult to maintain a common BRICS position on international conflicts and sensitive legal questions.
XII. Global Reactions
International reactions to BRICS are diverse. Many developing countries view the group as an opportunity to strengthen the voice of the Global South and obtain additional sources of development finance.
Other observers focus on the possibility that BRICS could contribute to greater diversification of the international financial system, particularly through local-currency trade and alternative payment arrangements.
At the same time, concerns have been expressed about internal differences among members and the extent to which BRICS can develop a coherent collective strategy. These different assessments demonstrate that BRICS is simultaneously viewed as a development-cooperation platform, a mechanism for global-governance reform and a potential influence on the existing international economic system.
XIII. Major Initiatives and Future Legal Agenda
BRICS’ future legal agenda is likely to involve several areas:
❖ International tax cooperation and action against illicit financial flows;
❖ Cross-border payment and financial regulation;
❖ Artificial-intelligence governance and digital regulation;
❖ Climate finance and sustainable development;
❖ Development-finance mechanisms through the NDB;
❖ Cybersecurity and data governance;
❖ Cooperation against corruption and organised crime; and
The development of clearer institutional rules in these areas could strengthen the legal effectiveness and predictability of BRICS cooperation.
Conclusion
BRICS has evolved from an economic grouping into a broad platform for international political, economic and legal cooperation
Legally, BRICS represents an interesting example of institutionalised soft-law cooperation without a constitutive treaty or supranational authority.
Frequently Asked Questions
1. Is BRICS a legally binding international organisation?
No. BRICS mainly operates through declarations, agreements and other soft-law mechanisms rather than a binding constitutive treaty.
2. What is the legal significance of BRICS in 2026?
BRICS influences international law and policy through cooperation on global governance, finance, climate change, technology and sustainable development.
