Political and legal aspects of BRICS cooperation in the field of artificial intelligence: Towards the development of an alternative regulatory approach

Abstract

Global artificial intelligence (AI) governance is currently framed as a bipolar confrontation between the ‘Brussels’ and ‘California’ approaches. The article argues that the BRICS countries are attempting to craft a third path-an alternative model of AI governance rooted not in unification, but in an ‘overlapping consensus.’ Drawing on political ontology and a comparative analysis of national strategies, the authors demonstrate how the twin imperatives of digital sovereignty and resistance to technological hegemony can bridge the initial regulatory diversity among member states. The methodology combines discourse analysis of key BRICS documents with a case study approach, revealing the emerging architecture of a hybrid ‘soft law’ regime. Empirically, the study draws on frequency and contextual analysis of three core concepts-‘sovereignty,’ ‘inclusiveness,’ and ‘fairness’-across BRICS summit declarations from 2020 to 2025. The findings indicate a clear conceptual shift: from a predominantly political discourse on sovereignty in 2020, to its progressive digitalization and embedding within the technological agenda by 2025. The rising salience of terms tied to technological autonomy and digital security underscores this shift. The ‘overlapping consensus’ model proves workable for states with different politico-economic systems and technological capabilities. It enables them to maintain regulatory sovereignty, manage heterogeneity without resorting to rigid harmonization, and establish flexible coordination frameworks. BRICS cooperation is oriented less toward creating a supranational regulator than toward aligning principles for joint action in international fora. Enlargement enhances the group’s representational appeal for the Global South, but it also complicates standard-setting amid a growing diversity of national interests. The prevalence of ‘soft law’ and flexible ‘coalitions of the willing’ gives members the room to maneuver in the era of intense technological rivalry. On the practical side, the study offers several actionable recommendations: a digital platform for standard alignment, a mechanism for expedited mutual recognition of certification, and a joint large language model program tailored to the Global South’s linguistic and cultural diversity.