Here the determination of responsibility is not difficult. Although the chain of events leading to the accident must still be determined, since the USS Greeneville is a U.S. naval vessel, any fault of it is attributable to the United States. The remedy is unclear. The doctrine of restitutio in integrum would also mandate payment of the replacement value of the vessel to the owners of the Ehime Maru , but the Japanese are asking that the vessel be raised, if only to recover the remains of the deceased and their personal effects. Nevertheless, there are many cases where restitution or specific performance has been granted.
International law does recognize the duty of a state to remedy a non-material loss.
In the Rainbow Warrior incident involving New Zealand and France, the remedy included an agreement that the agents responsible for the sinking of the Rainbow Warrior be imprisoned for a period of time. A second level of analysis is the liability of the United States under U.S. Admiralty Law. Here suit could be filed in U.S. District Court against the United States for damages under the Public Vessels Act. The plaintiffs would be those injured and the personal representatives of the deceased. This they would be able to do under Japanese law.