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Words: | Submitted: Thu Dec 11 2003
... obligation. For example, states often give suspects the right to an attorney within a reasonable time. In most countries this practice is observed stringently and consistently and so it is a customary. However, there are laws that though a state professes to uphold yet doesn't in practice and thus it can only be called customary in name. Most countries outlaw torture yet it continues in the world. It is for this reason that establishing a single rule of customary law is difficult. The requirement for such a rule would have to be based on treaties and conventions that states believe and uphold consistently and rigorously. In continuing one must also take into account the difference in what a state says and what it does. In the case of torture it is prohibited by virtually all civilized nations but not backed by actions. The weight then accorded to a state in terms ...
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