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Author	Prof Yao-Ming Hsu
Organisation/Institution	National Chengchi University, College of Law
Country	TAIWAN (ROC)
Panel	Private International Law
Title	Cross-border / Transnational Climate Litigations and Private International Law: an Analysis on Jurisdiction and Applicable Law
Abstract	This paper is expected to discuss the issues of jurisdiction and applicable law in cross-border/ transnational climate litigation from the perspective of private international law. Starting from the United Nations 2030 sustainable Development Goals as a meta-theoretical basis, this paper not only examines which of these sustainable development goals are related to private international law, but also anticipates to discuss the increasing number of cases raised by individuals or non-governmental organizations against multinational enterprises. In cross-border / transnational climate litigation, how to determine the jurisdiction and how to choose the applicable law are important issues. In addition to traditional private international law theories, this paper first anticipates an in-depth discussion of the litigant eligibility issues of litigants (especially defendants) in cross-border / transnational climate litigation, including the environmental and social governance, sustainability responsibilities, and parent-subsidiary responsibilities of multinational enterprises. Secondly, this paper will discuss the identification of the place of infringement in traditional tort for cross-border / transnational climate litigation, as well as the possibility of relaxing the identification of relevant causal relationships. Finally, this paper will discuss whether relevant international environmental conventions or international customary law may play a certain role in the application of applicable law, including the possibility for serving as the quasi-immediately applicable law, and/or whether they can serve as international ordre public.
Biography	Mr. Yao-Ming Hsu is a professor in National Cheng-Chi University in Taipei, Taiwan. He acquired his Doctor of Law in CERIC of Université Aix-Marseille in 2006. He was also a visiting scholar in University of Wuhan, People’s University in Beijing and UC Berkeley. He published two books in Chinese about European Law and Private International Law and more than 180 articles in Chinese. Besides, he published more than 30 articles in English and French. For example, he published an article about compatibilities between the Kyoto Protocol and WTO Law in S. Maljean-Dubois and L. Rajamani (eds.), La mise en œuvre du droit de l’environnement (2011). In Private International Law, he published an article in Jürgen Basedow & Knut B. Pissler (eds.), Private International Law in Mainland China, Taiwan and Europe (2014). Now he focuses his researches on Climate Change and Energy Law, Private International Law, WTO Law and EU Law. He also serves as a Member in the ILA International Committee on Sustainable Development and the Green Economy in International Trade Law and participates in several committees in the European Society of International Law and in Asian Society of International Law. In addition, Hsu also serves as deputy chief-editor of Taiwan Law Journal.