Flashcards Studio

An intergovernmental organization named the Global Trade and Oceanic Alliance (GTOA) and the Republic of the Philippines sign a Multilateral Instrument titled the Oceanic Commerce and Environment Protocol (OCEP). OCEP creates the Oceanic Investment Court (OIC) with jurisdiction to adjudicate disputes arising under OCEP and to issue binding orders on signatory states and on their nationals and on Philippine-flag vessels operating in signatory waters. The Philippines contends that OCEP cannot bind the Philippines absent Senate ratification as required by the 1987 Constitution, while the GTOA contends that, once OCEP 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 OCEP is a treaty, is the Philippines bound by OCEP 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 OCEP? What is the effect on a third party if OCEP becomes in force?