The article is devoted to the procedure for concluding and implementing international treaties by the BRICS member states: Brazil, India and South Africa. It is important for all BRICS member states to be familiar with each other’s legal systems, especially with interaction mechanisms with international law. Current approaches to the procedure for the conclusion of international treaties vary from State to State and depend on the system of organization of state power, the system of legislation, the role of courts and the force of court decisions taken on the conclusion of such treaties, as well as the powers of courts as bodies that are granted the right to officially interpret existing legislation aimed at regulating issues of concluding and implementing of international treaties in the countries under consideration. The purpose of the study is to analyze the legal mechanisms governing the international obligations of these countries. The objectives of the research include: the study of the national legislation of Brazil, India and South Africa regarding the procedure for concluding and implementing of international treaties; the analysis of judicial practice in concluding and implementing of international treaties, which influences the formation of approaches to legislative regulation of the conclusion and implementation of international treaties. The following methods were used by the authors: a comparative legal method that allowed them to identify similarities and differences in approaches to the procedure for concluding and implementing of international treaties in these countries, as well as methods of analysis, synthesis, and content analysis of documents regulating the procedure for concluding and implementing of international treaties in Brazil, India, and South Africa. The conducted research has a particular interest not only for Russian legal science, but also for practitioners in the field of international relations, due to the light of increased international cooperation with the member states of this organization, it emphasizes the importance of understanding the legal foundations of international cooperation for the further development of integration processes in the BRICS group.
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Борис Осминин
Journal of Foreign Legislation and Comparative Law
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
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Борис Осминин (Thu,) studied this question.
www.synapsesocial.com/papers/69df2c62e4eeef8a2a6b16d4 — DOI: https://doi.org/10.61205/s199132220033752-3