E. Hoffmann-La Roche Ltd. v. Empagran S.A. concerned a private antitrust suit for damages against a global vitamins cartel. The central issue in the litigation was whether foreign plaintiffs injured by the cartel's conduct abroad could bring suit in U.S. court, an issue that was ultimately...

Suppose that a government governed by some treaty regime enacts a measure that authorizes an official to act contrary to the treaty. Suppose further, however, that no action in violation of the treaty has yet occurred. Should beneficiaries of the treaty obligation be allowed to invoke its...