Clearing the Path: How the United States Can Address its UXO Legacy in Laos

Unexploded ordnance (UXO) represents one of the deadliest and longest-lasting legacies of war, continuing to harm civilians long after conflicts have ended. Laos, the most heavily bombed country per capita due to U.S. bombing campaigns during the Vietnam War, exemplifies the long-term risks of UXO.[1] Despite international initiatives, Laos still struggles with UXO clearance because of limited resources and weak accountability frameworks.[2] This post suggests that by adapting successful U.S. models like CERCLA and DERP, the U.S. could help accelerate the remediation process, starting with Laos.

Between 1964 and 1973, U.S. forces dropped over 2 million tons of bombs on Laos, leaving behind an estimated 80 million unexploded submunitions.[3] This bombing campaign, which cost the U.S. approximately $17 million per day during the war,[4] has left lasting damage. These remnants still pose a significant threat to civilians, especially in rural agricultural areas, where UXO contamination disrupts farming, food production, and overall development.[5] In stark contrast to the enormous wartime expenditures, the U.S. has spent only $355 million on UXO clearance in Laos over the last 25 years—an insufficient effort given the scale of the problem.[6] While the Convention on Cluster Munitions has facilitated some international assistance,[7] Laos needs a stronger international legal mechanism to effectively clear affected areas within a reasonable time frame. Current estimates hold that it could take Southeast Asia “100 years or more” to clear UXO at the current pace,[8] forcing multiple future generations to face this dangerous legacy. 

Within the U.S., two frameworks have effectively addressed contamination: the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)[9] and the Defense Environmental Restoration Program (DERP).[10] CERCLA operates under the “polluter pays” principle, which holds responsible parties accountable for environmental cleanup.[11] DERP, as an extension of CERCLA, states that the DoD can be held liable as a past owner of the affected land, emulating this principle.[12] These models could serve as a blueprint for addressing UXO internationally, particularly in Laos.  

CERCLA, also known as the 'Superfund' program, ensures that the financing of hazardous site remediation is either provided by the government or the party responsible for the contamination. [13] Meanwhile, DERP specifically addresses UXO cleanup at former defense sites through its Military Munitions Response Program (MMRP). [14] Besides mandating cleanup actions, DERP also imposes liability on the DoD to address contamination. The DoD has the environmental and disposal liability when: (1) contamination is confirmed or expected; (2) cleanup, closure, or disposal is required by law or legal agreements; and (3) the DoD caused the contamination or is designated as responsible by a legal agreement.[15] Adapting CERCLA and DERP to an international context, starting with Laos, could provide a practical solution to the challenges of UXO cleanup.  

Applying the U.S. UXO cleanup frameworks, specifically CERCLA and DERP, to Laos presents a compelling solution to accelerate remediation efforts and address the urgent need for UXO clearance. Laos, with its historical ties to U.S. military actions, offers an ideal proving ground for adapting these frameworks internationally. Despite ongoing efforts primarily led by NGOs, the current pace of demining remains insufficient to meet the scale of the problem. By introducing CERCLA and DERP, what is currently an ad-hoc approach to UXO cleanup could be transformed into a coordinated, effective solution led by the DoD. The DoD has both the resources and the incentives to innovate and accelerate the process in ways that countries like Laos cannot. For example, the DoD’s estimated budget for fiscal year 2024 for environmental cleanup was put at $1,125,500,000, a decrease from the $1,627,000,000 spent in fiscal year 2020[16]--substantially more than the amount spent in Laos over the past 25 years.[17] By taking responsibility for the UXO left in Laos, the U.S. not only expedites remediation but also sets a precedent for post-conflict recovery worldwide. Expanding these frameworks globally would mitigate the ongoing humanitarian crisis and reinforce the U.S.'s commitment to responsible military engagement. 

By applying the “polluter pays” principle globally, the U.S. can take the lead in addressing the legacy of its military activities. Despite the benefits of such a program to disaffected communities, significant challenges would need to be overcome. One key issue is the financial burden, as the U.S. government may be hesitant to extend costly domestic programs abroad without substantial international cooperation. Another challenge is the potential infringement on national sovereignty, as some countries may resist the implementation of foreign legal frameworks. These concerns suggest the need for a carefully designed pilot program, perhaps in cooperation with international bodies like the United Nations, to test the applicability of these models on a smaller scale. 

The legacy of unexploded ordnance in Laos is a tragic reminder of the long-lasting impact of war, and addressing this issue requires urgent, coordinated international action. By adapting successful U.S. frameworks like CERCLA and DERP, the U.S. can play a crucial role in accelerating UXO clearance efforts in Laos, providing both financial support and a legal structure to ensure responsible remediation. Implementing these frameworks globally could set a new precedent for post-conflict recovery, reinforcing the principle of accountability in military actions. While challenges remain, particularly in terms of financial burden and international cooperation, the potential benefits of such an initiative—both humanitarian and diplomatic—make it a necessary step forward. Through a thoughtful, pilot-based approach, the U.S. can demonstrate its commitment to responsible military engagement and offer a path to healing for nations like Laos still grappling with the consequences of past conflicts.

Justin Ferrari is a staff member of Fordham International Law Journal Volume XLVIII.

[1] Martine Therer, Protecting Lives, Building Peace: Working Together for a Safer Future, U.N. Development Programme (Apr. 8, 2024), https://www.undp.org/laopdr/blog/protecting-lives-building-peace-working-together-safer-future.

[2] Katie Hunt, United States Bombed Laos More Heavily Than Any Country on Earth. Now Obama’s There to Heal Wounds, CNN (Sept. 6, 2016), https://www.cnn.com/2016/09/05/asia/united-states-laos-secret-war/index.html.

[3] Id.

[4] Legacies of War in Laos, Asia Soc’y N.C., https://asiasociety.org/northern-california/legacies-war-laos#:~:text=The%20U.S.%20spent%20%2417%20million,Lao%20soil%20is%20bomb%2Dfree.

[5] Sarah Goring, The Transformative Impact of Mine Action on Agriculture and Food Security, MAG (Mar. 27, 2024),  https://www.maginternational.org/whats-happening/the-impact-of-mine-action-on-agriculture-and-food/.

[6] U.S. Embassy in Laos, U.S. and Norway Province Over $20.8 Million to Increase UXO Survey and Clearance in Southern Laos, (July 27, 2023), https://la.usembassy.gov/u-s-and-norway-province-over-20-8-million-to-increase-uxo-survey-and-clearance-in-southern-laos/#:~:text=The%20United%20States%20is%20the,than%20%24355%20million%20since%201995.%E2%80%9D.

[7] Convention on Cluster Munitions art. 4, May 30, 2008, 2688 U.N.T.S. 39.

[8] Michael F. Martin, Ben Dolven, Andrew Feickert & Thomas Lum, War Legacy Issues in Southeast Asia: Unexploded Ordinance (UXO), Cong. Rsch. Serv. R45749 (June 3, 2019), https://crsreports.congress.gov/product/pdf/R/R41039

[9] Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601-9675 (2012).

[10] U.S. Dep’t of Def., Defense Environmental Restoration Program, (Mar. 16, 2016), https://www.denix.osd.mil/derp/about/.

[11] David M. Bearden, Comprehensive Environmental Response, Compensation, and Liability Act: A Summary of Superfund Cleanup Authorities and Related Provisions of the Act, Cong. Rsch. Serv., R41039, 1, 20 (June 14, 2012), https://crsreports.congress.gov/product/pdf/R/R41039#:~:text=CERCLA%20established%20a%20broad%20liability

[12] Id. at 34.

[13] Bearden, supra note 11.

[14] U.S. Dep’t of Def., Military Munitions Response Program, (May 9, 2023),  https://www.denix.osd .mil/mmrp/.

[15] U.S. Dep’t of Def., Financial Management Regulation, vol. 4, ch. 13, at 13–6 (June 2024), https://comptroller.defense.gov/portals/45/documents/fmr/current/04/04_13.pdf.

[16] U.S. Dep’t of Def., Defense Operation & Maintenance Overview Book, at 41 (May 2023), https://comptroller.defense.gov/Portals/45/Documents/defbudget/FY2024/FY2024_OM_Overview.pdf.

[17] U.S. Embassy in Laos, supra note 6.

This is a student blog post and in no way represents the views of the Fordham International Law Journal.