Japan Today
national

Compensation order over Okinawa base noise upheld, but amount cut

17 Comments

The requested article has expired, and is no longer available. Any related articles, and user comments are shown below.

© KYODO

©2024 GPlusMedia Inc.

17 Comments
Login to comment

Whenever a lawsuit like this occurs, I wonder why victims suffering from jet noises and other damage can't file it directly against the U.S. government rather than their own government. Proberbly it may be because of Article 18 of SACO that they think they can't do so. 

Let me quote the relevant provision in SACO.  Article 18 (Clause 1) says: "Each Party waives all its claims against the other Party for damage to any property owned by it and used by its land, sea or air defense services ..."

But the "Each Party" as stipulated in SACO is either the U.S. government or the Japanese government, never individual victims concerned. Therefore, the victims can file a lawsuit directly against the U.S. government, the very culprit causing the damage.

The absurdity observed in the Japan-U.S. relationship can be understood only if we admitted that Japan was a U.S. vassal, half-independent and still under a U.S. military occupation.

1 ( +3 / -2 )

Whenever a lawsuit like this occurs, I wonder why victims suffering from jet noises and other damage can't file it directly against the U.S. government rather than their own government. 

SO why wonder? You and everyone else keep barking up the wrong trees! At least these people went the proper route and took it to a Japanese court!

1 ( +2 / -1 )

Y ubaru,

You aren't responding to the core issue I raised in my post, simply nitpicking and obfuscating instead.

Do you deny the fact the real culprits causing noise pollution and other damage are the U.S. government and its armed forces, and do you persist to say that they are immune from lawsuits against them because of SACO provisions?

1 ( +1 / -0 )

The only solution is to expel US bases from Japan but, as I've said before, Japan is still under US occupation and  will be until the Japanese people vote for an independent government, one that does not report to Washington. The US bases in Japan only serve to further US expansion and global domination and the Japanese people are paying for this.

1 ( +2 / -1 )

The only real solution is for the US to stop being so cheap and build their own bases on their own land at their own expense. Okinawa is no longer US territory, nor is any part of Japan.

0 ( +5 / -5 )

the problem can and will be solved when the new facilities are completed at Henoko

Except people also live there too.

there are many island in the Kagoshima/Okinawa group. Give them two and tell them to get off our land.

0 ( +0 / -0 )

You aren't responding to the core issue I raised in my post,

There is no "core issue", the fact remains it is an issue for the governments to decide, and in this case people took their case up with the proper authorities.

End of discussion!

0 ( +0 / -0 )

Yubaru,

... in this case people took their case up with the proper authorities

Plaintiffs took the case to Japanese court on the premise that the central government is responsible for all this. Now, my question is if they couldn't file a lawsuit directly against the U.S. government, a behind-the-scenes mastermind causing the noise pollution, rather than the Japanese government. I think this is possible, for nowhere in the SACO agreement is written that is not possible.

My argument may be weak, but you must point out where and why it is. That’s what I call a core issue that you must respond to.

0 ( +0 / -0 )

darknuts,

You say you grew up in New York City about a 15-minute drive from JFK Airport. But a 15 minute drive is quite a distance. No wonder you weren't bothered by landing and taking-off commercial aircraft at the airport..

You also say Atsugi was quiet while you lived near it. But do you know residents there have filed lawsuits against the government four times since 1960? The fourth one is still pending.

0 ( +0 / -0 )

@voiceofokinawaApr. 17 10:51 am JST

I think you meant the SolFA:

https://www.mofa.go.jp/region/n-america/us/q&a/ref/2.html

At the very top, it is written:

"Japan and the United States of America, pursuant to Article VI of the Treaty of Mutual Cooperation and Security between Japan and the United States of America signed at Washington on January 19, 1960, have entered into this Agreement in terms as set forth below:"

The parties are thus Japan (the state) and the US (the state).

But then, XVIII 1 is really about property damage rather than more vague claims, which are dealt with XVIII 5:

"Claims (other than contractual claims and those to which paragraphs 6 or 7 of this Article apply) arising out of acts or omissions of members or employees of the United States armed forces done in the performance of official duty, or out of any other act, omission or occurrence for which the United States armed forces are legally responsible, and causing damage in Japan to third parties, other than the Government of Japan, shall be dealt with by Japan in accordance with the following provisions:"

0 ( +0 / -0 )

Kazuaki Shimazaki,

So, in your opinion, can Japanese (Okinawan) plaintiffs bring the U.S. government to court as defendants in this noise pollution litigation?? I just want to know.

0 ( +0 / -0 )

In addition to cutting compensation from 2.46 billion yen ($22 million) to 2.12 billion yen, the Naha branch of the Fukuoka High Court also backed the lower court decision to reject the plaintiffs' demand for flights at U.S. Marine Corps Air Station Futenma to be suspended and any damages arising in future.

One they are not going to get anywhere with a Japanese court in stopping the flights, two they are entitled to the compensation, it is noisy, and three, the problem can and will be solved when the new facilities are completed at Henoko. When that happens the compensation will end as well.

All in all a satisfactory conclusion at this point!

-1 ( +3 / -4 )

I grew up a 15 minute drive from JFK airport. I have lived a few minutes walk from Atsugi base. You don't have jets constantly taking off all day and all night. Most of the day, you do not notice them. I have never once been kept from sleeping by jet noise. Nor can I recall the last time a jet took off after 10pm. The sunsets early in Japan. You can get night training done pretty early. People are just looking for another thing to complain about. Yes, the jets are loud but not unbearably so. If it were truly unbearable, they would have moved long ago.

-1 ( +0 / -1 )

The only real solution is for the US to stop being so cheap and build their own bases on their own land at their own expense. Okinawa is no longer US territory, nor is any part of Japan.

Only said by someone who has no idea of what the security agreement is all about. And by the way, if there were no US bases in Okinawa, they would be JSDF instead.

-2 ( +3 / -5 )

How how exactly is it Beyond endurance if that's exactly what they've been doing for years

-2 ( +0 / -2 )

Make up*

-2 ( +0 / -2 )

Login to leave a comment

Facebook users

Use your Facebook account to login or register with JapanToday. By doing so, you will also receive an email inviting you to receive our news alerts.

Facebook Connect

Login with your JapanToday account

User registration

Articles, Offers & Useful Resources

A mix of what's trending on our other sites