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Assess critically the English international private law governing the traditional, personal law, concept of domicile - Essay Example

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Assess critically the English international private law governing the traditional, personal law, concept of domicile

And the United Kingdom citizens are not spared from this fact.
In this essay, it is necessary to establish that law in this context is global in nature of which territories or jurisdictions are involved, thereby not limited within the United Kingdom. Although UK private law secures individuals and families, international private law involves any individual citizen of any state or country and other country laws and jurisdiction as well as the individual's country of citizenship or origin.
The United Kingdom Parliament (2004) acknowledges that "Sometimes new laws are needed to ensure that the UK complies with International or European Law. The Human Rights Act 1998 and the Freedom of Information Act 2000 are recent examples of this."
Edwards (2006) pointed out that while "statements cross national boundaries, inevitably problems of international private law are invoked, with difficult questions raised such as what country (or countries) will have jurisdiction to hear any action for damages raised, what country's law should govern the action (the choice of law question) and if a decree is obtained, how can it be enforced if the defender lives out with the jurisdiction of the court" In this case, it has been proposed that "action must be raised in the courts of the domicile of the defender (but) it should also be noted that forum non conveniens is still a possible plea in actions involving intra-UK jurisdiction only, although not actions between parties from different states party to the Brussels Convention" (Edwards, 2006)

The concept of domicile have always been associated with UK tax, and with the integration of European Union as well as the increasing diversity of United Kingdom population, domicile is becoming more interesting to many individuals (Waldon, 2006). Nevertheless, it is not limited to tax but also marriage and legitimacy while every individual have one single domicile at one time.

The various categories of domicile include origin, dependency, choice, and deemed domicile.
The domicile of origin is hereditary such as the case of a legitimate child. In the United Kingdom, domicile of origin is based on the domicile status of the child's father during its birth, but in some instances, it is based on the domicile status of the mother. The domicile of origin is most often described as "adhesive" of which a status prevails until an alternative domicile has been acquired. It has two alternative categories: the domicile of dependency and domicile of choice.
The domicile of dependency primarily related to children under the age of sixteen based upon the domicile status of the father at the date of birth. In cases where the domicile status of the father changes while the child is still dependent or under the age 16, the child's domicile status follows that of the father's. Upon reaching the age of 16, the domicile of dependency will be replaced by a domicile of choice in the same jurisdiction. This also applies to women married before January 1 1974 as these women acquired a domicile of dependency based upon the status of their husbands.

Domicile of choice alters the domicile of origin in an alternative jurisdiction. This may happen when an individual is able to illustrate actual physical ...Show more

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There are [] formidable problems surfacing in what is uncharted territory - issues of loyalty, accountability, ideology, and national interest. By definition, a private military company is in Iraq or Bosnia not to pursue US, UN or EU policy but to make money"
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Assess critically the English international private law governing the traditional, personal law, concept of domicile essay example
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