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Question
An international organization created by treaty, the North Pacific Economic Security Organization (NPESO), has a Council empowered by the NPESO treaty to adopt binding measures against non-member states for alleged Charter violations. The Philippines is a NPESO member. The Council adopts NPESO-Res-3, ordering all members to suspend imports of a listed chemical from non-member State Q and to impose reciprocal tariffs against State Q until its alleged violations cease. The Philippines implements these measures domestically through a department order and related customs regulations. State Q 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 Q or the Philippines challenges the resolution before an international body, what form of international responsibility could attach, and who bears it?