Ecological Debt and Colonial Accountability

This article advances a legal framework for addressing the intersection between sovereign debt, infrastructure finance, and climate-related environmental harm, through the deployment of equitable set-off and debt-for-nature swaps (‘DNS’). It proposes the establishment of a permanent adjudicatory mechanism, operating under United Nations auspices, capable of determining claims arising from historically accumulated ecological damage where such harm intersects with contemporary financial obligations. (Convention on the Settlement of Investment Disputes between States and Nationals of Other States (opened for signature 18 March 1965, entered into force 14 October 1966) 575 UNTS 159; Understanding on Rules and Procedures Governing the Settlement of Disputes, WTO Annex 2 (15 April 1994) 1869 UNTS 401.)