Does the Word “BRICS” Contain Law? On Legal Hegemons, Aromas of Law and Arbitration Revolution

Abstract

This article examines the potential for the BRICS coalition to displace the Anglo-American legal narrative as the global hegemon. To address this task, it critically analyzes the concept of legal hegemony, state practice, and international business customs. The central conclusion is that while BRICS holds the potential for future legal leadership, there are currently no tangible signs that it will supplant the common law tradition developed in the United Kingdom and the United States. However, the analysis suggests that the identity of the adjudicator and the methods of legal interpretation – such as how evidence is assessed and judgments are substantiated – may be more significant than the substantive law applied to a case. The author posits that through autonomous interpretation by arbitrators from the Global South, national legal systems can evolve, gaining new meanings and expanding beyond their original contexts. Analogous to open-source software – a collaboratively developed global public good – BRICS law could potentially evolve into a decentralized, open-source legal system, offering a distinct alternative to a centralized, Imperial legal narrative.