A/HRC/22/41 one State has committed to a policy of dealing only with PMSCs that were signatories, while another has committed to dealing only with PMSCs that abided by the principles reflected in the Code. 43. In addressing the shortcomings of existing initiatives, he suggested that the draft convention prepared by the Working Group on mercenaries offered a rich set of insights on the issues to be addressed, but it contained unworkable implementation arrangements, inter alia, because the draft sought to regulate whole companies, rather than specific service offerings. He also noted that the draft sought to prohibit the outsourcing of inherent State functions to PMSCs and took the view that States were unlikely to agree what such inherent functions were, in light of their different constitutional traditions. 44. Mr. Cockayne observed that all delegations shared the objective of protecting human rights more effectively, but differed on the means to achieve this objective. Some delegations favoured setting limits through the adoption of an international convention on contracting PMSCs to undertake activities, which were considered to be inherently State functions. Others considered that it would be difficult to agree on what these limits should be and sought to focus on how to otherwise regulate the activities of PMSCs. He noted that these objectives were not mutually exclusive and that the Human Rights Council could seek to address both. At the same time, he urged delegations to focus on the substance of regulatory positions, rather than the form they might ultimately take. He underscored the importance of continuing an inter-governmental discussion under the auspices of the Human Rights Council, which would complement the multi-stakeholder dialogues linked to the Montreux Document and International Code of Conduct. 45. On the issue of whether a public listing of companies involved in human rights violations would be useful as a means for sanction, Mr. Cockayne referred to similar initiatives which have been effective in other sectors, including under the mandate of the Security Council, but that consideration would be needed as to the standards against which a listing decision would be made, who would make the listing decision and what consequences might flow from it. In this respect, he noted that the idea of establishing an international ombudsperson to assist States in making listing and de-listing decisions should be considered. 46. In the discussion, a number of delegations recalled the need for a legally binding international instrument. Some delegations referred to the draft convention developed by the Working Group on the use of mercenaries as a useful starting point, while others noted that they were not tied to any particular text. Some delegations noted that a convention could complement existing initiatives and fill regulatory gaps in areas such as accountability, remedies, licensing and oversight. A convention could also ensure that States would be prohibited from continuing to contract companies that had been involved in human rights violations. Some delegations also expressed concern that the State monopoly on the use of force and the core State functions related to the provision of security were increasingly being commodified and outsourced to PMSCs. Others expressed concern over the use of PMSCs in situations where their employees might participate directly in hostilities. They also emphasized the need for export controls and tight regulation in this respect. 47. With reference to the Guiding Principles on Business and Human Rights, one delegation reiterated its view that PMSCs should not be considered in the same vein as other businesses and noted further that the effectiveness of the Guiding Principles, which were not legally binding standards, was yet to be proven. Another delegation reiterated its support for the Guiding Principles, noting that it viewed the International Code of Conduct as entirely consistent with the Guiding Principles and that the International Code of Conduct was a good example of implementation of them in relation to a specific industry. 11