In the Note Verbale, Japan cited the principle of State Immunity in international law, “a state generally enjoys immunity from the jurisdiction of the other courts of another state.”
Thirteen landowners, including the Orakiblai clan, filed civil action No. 09-251 against the governments of Japan and the US for mining on their lands without compensations and for failing to fulfill the conditions of “backfilling” and returning them back to usable conditions, leaving the same lands damaged — with open pits, lakes and craters.
The lands in question are located in State of Angaur which was mined by Japan for their deposit of phosphate ores before the World War II (WWII) and by Japan and the US as joint partners after WWII.
The civil suit cited twelve causes of action, including unjust enrichment on the part of Japan and US governments, breach of fiduciary duties and breach of contracts by US and Japan, negligence on the part of the US government, among others.
The landowners through the civil case ask for an order to require the US and Japan to return their lands back to them in the good conditions they were in before the mining, seek damages against the US and Japan for breach of contract and fiduciary duties as well just compensation plus interests.
The Japanese Embassy has reiterated that Japan’s position on the issue remains the same. “All questions about property and claims with respect to the former Trust Territory have been fully and finally settled by the Agreement concerning the Trust Territory of the Pacific Islands concluded in 1969 between Japan and the United States of America.”
