Acknowledgements List of Tables Table of Cases 1 Introduction I. Significance of the Standard of Review II. Definition of the Term 'Standard of Review' III. Structure of the Book IV. Methodology V. Key Empirical Insights 2 Old Wine in New Skins? I. The Doctrine of Non-Justiciability in the International Order II. State Arguments for a Deferential Standard of Review III.

A Common Denominator: the Better-Placed Contention IV. Standard of Review Claims as Old Wine in New Skins? 3 Something New under the Sun: Standards of Review as a Judicial Avoidance Technique I. Judicial Avoidance: Dubious from an Orthodox Point of View, yet a Practical Necessity II. Pronouncements Serving as Merits-Avoidance Techniques III. Pronouncements Serving as Issue-Avoidance Techniques IV. Deferential Standards of Review as a Judicial Avoidance Technique 4 Absence of Judicial Oversight I. National Security Interests II. Domestic Matters III.

Political Determinations IV. Scientific Determinations: Explicit Rejection in Whaling V. Conclusion for the Absence of Judicial Oversight 5 Good Faith I. A Textual Basis for the Application of the Good Faith Standard II. Good Faith Standard as Counterbalancing: Bosnian Genocide III. Conclusion for Good Faith 6 Reasonableness I. National Security Interests II. Domestic Measures III.

Political Determinations: Conditions of Admission to the UN IV. Scientific Determinations V. Conclusion for Reasonableness 7 De Novo I. National Security Interests II. Domestic Measures III. Political Determinations IV. Scientific Determinations: Whaling V. Conclusion for De Novo 8 Conclusion I.

De Novo as the Court's Default, but far from Constant Standard of Review II. Rarely Autonomous Adoption of a Deferential Standard of Review III. Mostly Stricter Standard of Review than Invoked by the Respondents IV. Subject-Matter as a Factor for the Adoption of a Deferential Standard of Review V. Strategic Use of Deferential Standards of Review Bibliography.