and practice indicated a lack of clarity, uncertainty or a 8’qap” in existirly law, the Commidsion should not declare a rrpx~L@&. An effort should be made to examine the i66ue &I- and find out whether the uncertainty might be renoved or the gap filled by developing the law. The Special Relsporteur stated that, taking i*.to account State practice and the purpose of reparation by equivalent, he proposed two drafting alternatives for paragraph 1 which indeed defined the general scope of pecuniary compensation. 346. It wa6 generally agreed in the Commiesion that the dictum of the Permanent Court of International Justice in the -56~ Fw 2jj.J/ caQe, namely that reparation wa6 to wipe out all the consequences of ?.he wrongful act and that the damages should be awarded for loss suutained which would not ba covered by restitution in kind, 6hould be the point of departure in formulating the articles on remedy. This common ground indicated that there wa6 a certain interdependence between the varioue forms of refIM3die6, The difficulty Home rm:lmbers found with article I! was that its relationship with article 7 on restitution in kind, which wal. now before the Drafting Committee, was not brought oat clear lg. It was recalled that article 7 did Ilot define the content of restitution, and art.icle 8, as ptoyosed, relied or such adefinition, whfah was not there, As a result, the eaope of aetiale 0 beaame unalear. The two alternatives for paragraph I. of the artlale did not clarify the situation. Alternative (a) simply spoke of “any damage not aovered by reetitution~~, without giving any erglanation about the meaning of that phrase Alternative (b) appeared to give a definition of reetitution in kind that was based on the establishment of a theoretical or hypothetical situation which would have existed if the breach had not occurred. Such a brand
**Analysis**
The text appears to be discussing the development of international law and the formulation of articles on remedies, specifically pecuniary compensation and restitution in kind. The language used is technical and legal, indicating that the subject matter is likely related to international law and governance. The text does not mention any specific economic, environmental, or social issues, but rather focuses on the abstract concepts of reparation and compensation.

**Category**
International law