In September 2024, Turkiye applied for membership in the BRICS bloc of developing economies. ADMD Law Office Managing Partner Orhan Yavuz Mavioglu and Bicak Law Firm Founding Partner Vahit Bicak explore the key political, economic, and legal motivations behind Turkiye’s move.
Political Realignments
Turkiye’s primary motivations for seeking BRICS membership “can be understood through its economic, geopolitical, and diplomatic aspirations,” Mavioglu explains.
One key factor, Bicak believes, is the frustration with the EU. “Joining the EU has been a longstanding ambition,” he says. “While Turkiye has long been a member of NATO, accession talks for the EU membership have faced several obstacles since they began in 2005. Turkiye had formally applied to join the EU predecessor organization, the EEC, in 1987.”
Despite this, “Turkiye remains a significant partner of the EU and maintains its status as a candidate country,” Bicak continues, adding that after “16 negotiation chapters and the provisional closure of one, progress in accession talks has halted.” Turkiye’s trajectory, according to Bicak, “continues to diverge from the EU, with no reversal in the negative trend concerning reform, despite assertions of commitment to EU accession. The EU expresses grave concerns over Turkiye’s diminishing democratic standards, erosion of the rule of law, compromised judiciary independence, and disregard for fundamental rights, issues that remain unaddressed.” Consequently, he notes that “Turkiye is frustrated by the lack of progress in its membership talks with the EU.”
Similarly, Turkiye’s relationship with NATO has faced difficulties, according to Bicak: “disagreements over certain foreign policy issues, such as Syria and the purchase of military equipment outside NATO’s traditional suppliers, have led to tensions within the alliance.”
“Turkiye’s prolonged frustrations with its stalled EU membership application have impacted its decision to seek BRICS membership,” Mavioglu agrees. “After years of negotiations and unfulfilled promises, Turkiye has become increasingly disheartened by the EU accession process.”
Bicak highlights that tensions may arise due to Turkiye’s desire to maintain “NATO membership and its EU candidacy,” while also strengthening ties with BRICS, particularly Russia and China, which “could raise concerns among its Western allies.” This could strain Turkiye’s relations with the West, Bicak says, “particularly on issues where BRICS and Western policies diverge, such as sanctions on Russia, trade relations with China, or military interventions in conflict zones.”
Still, politically, BRICS membership would “enhance Turkiye’s geopolitical leverage, providing a platform to influence global economic policies and balance its relationships with both Western and Eastern powers,” Mavioglu adds. “Given the strain in Turkiye’s relations with traditional Western allies like the EU and the US, BRICS could provide an alternative platform for political and economic support.”
Bicak agrees that Turkiye’s BRICS membership could be seen as “balancing relations with the West,” and “joining BRICS could allow Turkiye to position itself as a bridge between the West and the Global South, contributing to a multipolar world order.”
“As a NATO member, Turkiye’s BRICS membership could serve as a balancing act, offering greater strategic autonomy while maintaining its obligations to NATO,” Mavioglu points out. “Membership in BRICS could bolster Turkiye’s influence in global governance, giving it a platform to advocate for changes in international financial and trade systems and play a more active role in shaping global economic policies.”
Diversifying Beyond the West
A significant driving force behind Turkiye’s BRICS ambitions appears to be economic. “Economically, BRICS includes some of the world’s largest and fastest-growing economies, and joining this group would allow Turkiye to tap into these emerging markets, diversifying its trade partnerships and reducing reliance on traditional Western economies like the EU and the US,” Mavioglu notes. “BRICS countries, particularly China, also offer significant investment and infrastructure funding opportunities.”
Similarly, Bicak emphasizes that “one of Turkiye’s primary motivations for joining BRICS is to enhance its economic ties with some of the world’s largest emerging markets. This aligns with Turkiye’s broader strategy to diversify its economic relations beyond traditional Western markets, reduce its dependency on the EU, and foster stronger connections with economies in Asia, Africa, and Latin America.”
In particular, Mavioglu argues that BRICS membership could help “stabilize Turkiye’s economy by reducing exposure to dollar fluctuations and inflation.” The BRICS New Development Bank “could become a source of financing for Turkiye’s major projects, aligning with the country’s ongoing infrastructure goals,” Mavioglu says. “Additionally, one of BRICS’ long-term objectives is to reduce the dominance of the US dollar in global trade. Given Turkiye’s currency fluctuations and economic challenges partly tied to dollar dependency, BRICS membership could be seen as a path toward more stable financial partnerships and alternative currencies in trade.”
“After Russia became the most sanctioned nation in the world following the start of the war in Ukraine in 2022, the BRICS bloc began seriously pursuing the creation of a common currency to de-dollarize trade and circumvent Western sanctions,” Bicak agrees. “In the long run, these alternative financial mechanisms could help stabilize Turkiye’s currency, reduce inflationary pressures, and provide greater financial resilience.”
New Demands and Sector-Specific Growth
The timeline for Turkiye’s full BRICS membership may be lengthy. “The likely timeline includes short-term diplomatic processes of 1-2 years, medium-term approval and negotiations for 3-5 years, and long-term full integration – 5+ years,” Mavioglu notes. “The process is gradual, depending on BRICS’ consensus-building and Turkiye’s adaptation.”
Mavioglu believes that once Turkiye joins BRICS, several legal sectors will see increased demand. “International trade law would become more relevant as Turkiye expands its trade relations with BRICS members, requiring expertise in trade agreements, tariffs, and cross-border regulations,” he says.
“As FDI from BRICS countries into Turkiye increases, legal expertise will be required in managing regulatory approvals, particularly in sensitive sectors like defense, energy, and telecommunications,” Bicak adds.
Cross-border transactions are also expected to lead to a surge in dispute resolution services. “Among the key areas likely to experience heightened legal activity are the recognition and enforcement of court decisions, dispute resolution mechanisms (including mediation and arbitration), and broader legal services tied to cross-border trade, investment, and regulatory compliance.” In particular, Bicak draws attention to “the recognition and enforcement of foreign court decisions that are likely to become more significant. Business and commercial disputes arising from increased cross-border trade and investments may require a streamlined process for enforcing judgments across BRICS member countries.” Although Turkiye and BRICS countries “may have existing bilateral or multilateral treaties on the recognition and enforcement of court judgments, such as under the Hague Convention on the Recognition and Enforcement of Foreign Judgments),” Bicak says that “more specific agreements might be necessary to address unique challenges in each jurisdiction.”
In terms of specific sectors, both Mavioglu and Bicak emphasize energy. “In terms of energy security, countries like Russia and Brazil, as major energy producers, would provide Turkiye, a major energy consumer, with partnerships that could stabilize its energy supply and reduce costs,” Mavioglu says. Accordingly, “energy law, especially related to collaboration with energy-rich BRICS countries like Russia and Brazil would become crucial.” This, according to Bicak, is particularly notable with “Turkiye’s strategic location as an energy corridor between the Middle East, Europe, and Asia positions it as a crucial player in global energy markets.”
Bicak further adds that BRICS membership could enable Turkiye to collaborate on technological innovations with emerging economies like China and India, adding that “this could bolster Turkiye’s efforts to develop its technology sector, including advancements in renewable energy, artificial intelligence, and digital infrastructure.” As a result, “legal services related to intellectual property would also see growth, as increased technological collaboration would necessitate stronger protections for patents and trademarks,” Mavioglu concludes.
This article was originally published in Issue 11.9 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.
