The Standard of Review Before the International Court of Justice: Between Principle and Pragmatism (Studies in International Law)

Acknowledgements
Contents
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
Index