The legal consequences of reliance on the circumstances precluding
wrongfulness, which are examined in Part 4.5, remain largely unaddressed
by the ILC Articles on State Responsibility. True, reliance on
the circumstances precluding wrongfulness does not have a permanent
impact on the existence of a treaty. The duty to perform revives once
the necessity or force majeure situation has disappeared. Otherwise,
however, Article 27 of the ILC Articles is formulated as non-prejudice
clause and does not take a position whether compensation is to be paid.
Still, a general duty to compensate the other treaty parties for their
“material” losses was increasingly accepted in literature, state practice
and jurisprudence. This opens certain room to adjust the treaty parties’
positions in terms of compensation. In case of force majeure, ex gratia
compensations are possible.