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2 results

  • 3 - Speedy Adjudication in Hard Cases and Low Settlement Rates in Easy Cases

  • Edited by Yun-chien Chang, Academia Sinica, Taipei, Taiwan
  • Book:
    Selection and Decision in Judicial Process around the World
    Published online:
    04 December 2019
    Print publication:
    19 December 2019, pp 73-109

  • Summary

    This book chapter compares civil litigation in the courts of first and second instances in Taiwan in 2010–2015 with that in U.S. federal courts in 2010–2013. The two judicial systems, as expected, are different in many ways. Settlement rates in Taiwan, even broadly defined, were below 25%; in U.S. federal court, they exceed 70%. In Taiwan, summary judgments were basically non-existent; in U.S. federal court, they represent nearly a third of merits judgments. Rates of appeal in Taiwan are nearly 10 times higher (27% versus 3%) than in the U.S. federal courts. And yet judges in Taiwan, at least those in the court of first instance, handled cases more quickly than their colleagues in the U.S. federal courts—indeed, twice as fast. Yet, the two judicial systems respond similarly when encountering simple debt collection cases. These cases, large in number in both systems, fail to settle as standard theories would predict. Instead, these disputes are frequently resolved through default judgments. This chapter provides cautionary lessons for future empirical comparative civil procedure studies.

  • African Commission on Human and Peoples’ Rights v. Libya

  • Marie Joseph Ayissi
  • Journal:
    American Journal of International Law / Volume 111 / Issue 3 / July 2017
    Published online by Cambridge University Press:
    29 November 2017, pp. 738-744
    Print publication:
    July 2017

  • On June 3, 2016, the African Court on Human and People's Rights (the Court) rendered its first default judgment, in a case brought by the African Commission on Human and Peoples’ Rights (the Commission) against Libya for alleged violations of the African Charter on Human and Peoples’ Rights (the Charter). The Commission had alleged that the Libyan government had violated its obligations under the Charter to protect one of its citizens, Saif al-Islam Kadhafi, from incommunicado detention and to provide him access to counsel. When Libya failed to respond to the Commission's complaint and to the Court's order of provisional measures, the Court proceeded to the merits and found Libya in violation of several articles of the Charter. Its decision reflected both a measured approach to the issuance of default judgments and an emphasis on the need for states to comply with their human rights obligations even in situations of exceptional political and security instability.