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Question
Philippines and State D sign the Maritime Border Harmony Agreement. Article 6 provides: "Each party shall prevent activities within its territory that may cause transboundary harm." The treaty is silent on what constitutes "transboundary harm" and on the measures required to prevent such harm. After a port expansion project by State D's national port authority, nutrient runoff and sedimentation increase, harming Philippine coral reefs and fisheries. The Philippines invokes general principles recognized by nations under Article 38(1)(c) ICJ Statute, including the duty to prevent transboundary harm and the criterion of due diligence, to interpret the treaty; State D contends that the treaty text governs. (a) Identify the controlling doctrine invoked by the Philippines. (b) Distinguish this doctrine from ordinary treaty interpretation and from customary international law. (c) Apply the doctrine to the facts to determine whether State D bears responsibility, and explain the likely outcome.