How have the courts interpreted Article 28(1) of the Constitution in the context of a claim brought by an airline that sells tickets in the country where the ticket was purchased?

The central purpose of Article 28(1)'s third provision was to make venue always proper in the country where the ticket was purchased assuming it is a High Contracting Party if, but only if, the defendant has a place of business there. The framers simply did not advert to the problem of avoidance illustrated by the present case. A judge no less distinguished than Learned Hand has taught us that in such a situation when we apply legislative commands, "we are to put ourselves so far as we can in the position of the legislature that uttered them, and decide whether or not it would declare that the situation that has arisen is within what it wished to cover." Cawley v. United States, supra 272 F.2d at 445. Applying this test in light of what we understand to be the central purpose of Article 28(1)'s third provision, and bearing in mind that the framers did not advert to the problem posed by the present case, we conclude that if the framers had recognized this problem they would have wished that an airline that had a place of business in the territory of a High Contracting Party and permitted its tickets to be sold in that country be subject to suit in that country's courts.