Can't Touch That? Possible Solutions to the Problems of Sovereign Immunity Attaching to the Sunken Warships of Chuuk Lagoon

Abstract

Due to corrosion, fifty-two sunken World War II era Japanese warships are poised to cause an environmental disaster in the Federated States of Micronesia. As the ships sunk on government non-commercial service sovereign immunity attaches to the wrecks. This potentially prevents the Federated States of Micronesia or any commercial salvor from being able to remove the hazardous cargo. The doctrine of necessity found in the International Law Commission’s Draft Articles on State Responsibility for Internationally Wrongful Acts can be invoked to protect an ‘essential State interest’ and the Federated States of Micronesia should act to protect its natural environment despite Japan’s claim to sovereign immunity. The feasibility of any salvage operation is questionable though, given both national and international impediments to the salvage of warships. The article will lastly consider why, despite requests, Japan may have been unwilling to render assistance.