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Question
An intergovernmental organization named the Oceanic Governance Alliance (OGA) and the Republic of the Philippines sign a Multilateral Instrument titled the Oceanic Stability Pact (OSP). The OSP establishes the International Oceanic Court (IOC) with jurisdiction to adjudicate disputes arising under the OSP and to issue binding orders on signatory states and on their nationals and on Philippine-registered shipping companies operating in signatory waters, including Philippine nationals and Philippine-flag vessels. The Philippines contends that OSP cannot bind the Philippines absent Senate ratification as required by the 1987 Constitution, and that international organizations possess international personality but that states must consent to be bound. The OGA contends that, once OSP 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 OSP is a treaty, is the Philippines bound by OSP 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 OSP? What is the effect on a third party if OSP becomes in force?