A/HRC/37/67 corporations posed barriers to development in the global South and affected inequality within all nations. Furthermore, the predatory features of the current economy impeded the Sustainable Development Goals, but there was a growing trend to combat that. 39. The third panellist addressed the accelerating pace of challenges faced by the global community with respect to development and recognition of human rights. He found the proposed elements reflected the main perspectives expressed during the previous two sessions and highlighted three objectives in the document: (a) guaranteeing the respect, promotion and fulfilment of human rights, (b) guaranteeing access to remedies, and (c) strengthening international cooperation. 40. Some delegations argued that the chapter on the “General framework” in the elements document should be more concise, while others expressed appreciation for the comprehensive approach. To facilitate shortening the chapter, it was proposed merging the subsections on “principles”, “purpose”, and “objectives”. Other delegations thought that only the subsections on “purpose” and “objectives” should be merged and questioned what the difference was between the two given the similar elements in both categories. 41. With respect to the “preamble”, several delegations commented on the selection of instruments listed, with some arguing that there were too many instruments and others arguing that certain instruments were missing. One regional organization and some NGOs questioned why treaties were contained in the same list as non-binding instruments. 42. Some delegations suggested that there should be reference to the positive impact business could have on human rights, while other delegations suggested including a reference to the negative effects of transnational corporations in the context of globalization. Additionally, NGOs recommended that language should be included regarding corporate capture. 43. Several delegations appreciated the references made to the right to development and economic, social and cultural rights. Additionally, delegations and NGOs welcomed the reaffirmation of the Guiding Principles, showing that that process was complementary. However, one delegation found it inappropriate to include a reference to the Guiding Principles since they had not been developed and negotiated by States. One business organization questioned why there was a reference to the norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights, when that process was abandoned over a decade ago. The Chair-Rapporteur replied that many elements contained in those norms were cited approvingly in the first two sessions. 44. Much discussion focused on the subsection on “principles”. Many delegations and NGOs welcomed the recognition of the primacy of human rights obligations over trade and investment agreements. However, one regional organization and other delegations questioned the legal basis for that and wondered how it would apply in law and practice. It was queried whether this would require the renegotiation of existing treaties, and whether that implied that States could disregard provisions of trade and investment treaties, citing human rights. One delegation asked how the primacy of human rights obligations would be considered, taking into account the report on fragmentation of international law of the International Law Commission. 45. Delegations questioned whether recognizing special protection of certain human rights signalled a hierarchy of certain human rights over others. One regional organization noted that that provision could potentially conflict with another provision discussing the universality, indivisibility, interdependence and interrelationship of all human rights. The Chair-Rapporteur clarified that the intention of the provision was not to create a hierarchy, but to note specific rights that were more likely to be affected by business activities. 46. Some delegations voiced concern over the language used to recognize the special protection of vulnerable groups. Acknowledging that certain groups required differentiated 9