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An international organization created by treaty, the Regional Oceanic Trade and Security Council (ROTASC), has a Council empowered by the ROTASC treaty to issue binding measures against non-member states for alleged Charter violations. The Philippines is a ROTASC member. The Council adopts ROTASC-Res-14, ordering all members to suspend imports of a listed commodity from non-member State N and to impose reciprocal tariffs against State N until State N ceases its alleged violations. The Philippines implements these measures domestically through a department order and related regulations. State N protests that the resolution was beyond the Council’s powers and that it binds only to the extent provided in the treaty, not to non-members. The Philippines asks: (a) What is the controlling doctrine on the binding effect of actions by organs of international organizations created by treaty? Identify the key test and criteria. (b) If the act is within the Council’s competence, what is the effect of the resolution on the Philippines’ domestic law and on private persons within the Philippines? Is separate implementing legislation required? (c) If State N or the Philippines challenges the resolution before an international body, what form of international responsibility could attach, and who bears it?

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