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Question
An intergovernmental organization named the Global Safety and Trade Organization (GSTO) and the Republic of the Philippines sign a Multilateral Instrument titled the Global Safety and Trade Protocol (GSTP). GSTP creates the Global Arbitration Court (GAC) with jurisdiction to adjudicate disputes arising under GSTP and to issue binding orders on signatory states and on their nationals and on Philippine-flag vessels operating in GSTP waters. The Philippines contends that GSTP cannot bind the Philippines absent Senate ratification as required by the 1987 Constitution, while GSTO contends that, once GSTP enters into force, the Philippines and its nationals are bound irrespective of internal consent procedures. (a)Identify the controlling doctrine on whether international organizations are subjects of international law with personality capable of binding States and individuals. (b)Distinguish the controlling rule on when a treaty involving an international organization binds a Philippine state, including whether Senate ratification is required. (c)Apply to the facts: assuming GSTP is a treaty, is the Philippines bound by GSTP if the Senate does not ratify? If the Senate ratifies, what are the consequences for the Philippines and for Philippine nationals in terms of rights and obligations under GSTP? What is the effect on a third party if GSTP becomes in force?