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Published online by Cambridge University Press: 07 May 2025
US military bases south of Kadena are slated to be returned to Okinawa, although that is only to happen at various times up to “2028 or later,” and their environmental restoration is an important local issue. Article IV (1) of the US-Japan SOFA (Status of Forces Agreement) is understood to exempt the polluter, namely the US Government, from the responsibility for environmental restoration. Although the US-ROK SOFA includes the same article, both the US and the Republic of Korea (ROK) Governments understand that the US Government bears some measure of responsibility for environmental restoration. This paper examines this difference between Japan and Korea in the interpretation of SOFA and makes some recommendations, based on the Korean experience, for environmental restoration of US military bases in Okinawa.
1 If we examine the recent site cleanup cases such as Camp Kuwae North and study the framework of the “Special Measures concerning the Reuse of Returned Military Bases” law promulgated on April 1, 2012, there is no recognition among the Japanese parties concerned that the US is responsible for the environmental restoration of returned military bases. Instead they stick to the position that the restoration of original conditions including environmental restoration is the responsibility of Japanese Government as supplier of the bases. Camp Kuwae North was returned in March 2003, but because of the lack of proper records on site use, cleanup works are not yet finished for one-third of the site. In February-March 2013, the Okinawa Defense Bureau discovered six locations heavily polluted by oil.
2 This proposal for environmental restoration was made by the Commander of US Armed Forces in Korea, Leon J. LaPorte, before leaving office. The proposal did not include new commitments and did not meet the environmental restoration level required by Korean legislation.
3 According to WikiLeaks, the US ambassador responded to the remark made by the Korean minister that US forces were in Korea to guarantee Korea's security, a commitment that reflected great American generosity. He warned that it could be damaging for the alliance if there was no agreement on the basis of the very reasonable US proposal. Although this reply may have been half bluff, the ambassador did not deny US responsibility for environmental restoration. Although there is a decisive difference about the level of environmental restoration required, both sides accepted the Polluter Pays Principle.
4 “US Military Bases and Environmental Problems” (in Japanese), Yoichi Yoshiyuki, Gentousya Renaissance Shinsho, p.19., 2010
5 JSEP consists of four principles, the third of which is “Response to environmental contamination”. Its last half reads as follows: The Government of Japan, in accordance with relevant laws and regulations, will take all available measures to respond appropriately to serious contamination caused by sources outside facilities and areas. This part shows clearly why the agreement became necessary.
6 Based on the second item, “Information Sharing and Access” of the “Memorandum of Special Understandings on Environmental Protection” signed on January 18, 2001, the Environment Subcommittee of the US-ROK Joint Committee set up a Joint Environmental Information Exchange and Access Procedure. The details of that procedure were established in Appendix A on May 30, 2003. After a series of negotiations, Appendix A was revised and JEAP (Joint Environmental Assessment Procedure) was established on March 2, 2009 as a US-ROK Security Policy Initiative (SPI). According to JEAP,
(1) Evaluation of contamination is to be done based on Korean standards and cleanups are also to be done by the Korean side, with cleanup costs to be borne by the US,
(2) Survey period to be extended from 60 days (Appendix A) to 150 days,
(3) When the US side carries out cleanups, Korean side can monitor the operation,
(4) Consultation will be held at the Environment Subcommittee in the event of problems.
7 DoD Manual No.4715.20, entitled “Defense Environmental Restoration Program (DERP) Management,” was published on March 9, 2012. It does not apply outside the United States.
8 The US Department of Defense has a program called BRAC (Base Realignment and Closure). “The Environmental Condition of Property (ECP) Report” is the document used in BRAC to assess, determine, and document the environmental condition of all transferable property” at BRAC closing installations. An ECP Report may be prepared for the entire installation or a single parcel. The ECP Report summarizes the historical, cultural, and environmental conditions at the property and includes references to publicly available and related reports, studies, and permits, as available. The scope of the ECP Report depends upon a number of factors including the current property use, the extent (or lack) of contamination, the current status of any remedial or corrective actions being taken at the property, and the presence of protected species or cultural assets.
9 This document was discovered in the files of USCAR's Reversion Affairs Division by Mr. Miyagi Etsujiro, Director of Okinawa Prefectural Archives.
10 Anna D. Stasch, “ARC Ecology v. United States Department of the Air Force: Extending the Extraterritorial Reach of Domestic Environmental Law,” Environmental Law Review, 2006, Vol.36, Issue 3, pp. 1065-1095.
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