The will of parties in determining the international jurisdiction of courts

In this study, the role of the party will in determining the international jurisdiction of the courts in international procedural law is examined. The will of both the plaintiff and the defendant party is effective in determining the jurisdiction of the courts. The area where this effect is greatest is the choosing of a state court within the framework of party autonomy. In this framework, firstly, the concepts of international jurisdiction and the effect of the party will on the jurisdiction of the courts are examined. Then, the issue of choice of court agreements, in which the party autonomy has the most impact, is discussed. The legal nature of the choice of court agreements, the law to be applied, the conditions sought for its validity, the effectiveness conditions sought for it to have an effect in the procedural law and the consequences of its violation are examined, and the scope of the party autonomy in determining the jurisdiction of the courts is revealed. After determining this scope, finally, the limits of the party autonomy in terms of choice of courts agreements are examined. These are limitations in terms of formal rules, court, subjects for which the choice of court agreements can be made and interests that should be protected in private international law.