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James C Hathaway Is there still a place for a ‘Yearbook’ of International Law? Viewed as no more than an annually published volume of scholarship, one would surely answer in the negative. There is no shortage of excellent law journals, including journals focused on international and comparative law. It is thus doubtful that any quality article published in a yearbook would have failed to find a good home elsewhere. With even relatively obscure law journals readily available in electronic form at minimal cost and with maximum ease, the case for a yearbook is surely weak if predicated simply on the importance of disseminating international legal scholarship. It does not follow, however, that the yearbook is without value. The unique importance of a yearbook is perhaps not well understood because it is very much anchored in a positivist understanding of international law. While viewed by some as old-fashioned or simply misguided, I have argued elsewhere that the positivist account of international law retains a principled internal consistency and political salience unmatched by any other theory. At least if renovated to take account of modern realities – as Bruno Simma and Philip Alston did in a pioneering contribution in the pages
The Australian Year Book of International Law Online – Brill
Published: Jan 1, 2008
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