A/HRC/4/35 page 26 86. Judging from the treaty body commentaries, and reinforced by the Special Representative’s questionnaire survey of States, not all State structures as a whole appear to have internalized the full meaning of the State duty to protect, nor its implications with regard to preventing and punishing abuses by non-State actors, including business. Nor do States seem to be taking full advantage of the many legal and policy tools at their disposal to meet their treaty obligations. Insofar as the duty to protect lies at the very foundation of the international human rights regime, this uncertainty gives rise to concern. 87. Lack of clarity regarding the implications of the duty to protect also affects how corporate “sphere of influence” is understood. This concept has no legal pedigree beyond fairly direct agency relationships. But in exploring its potential utility as a practical policy tool the Special Representative has discovered that it cannot easily be separated operationally from the State duty to protect. Where Governments lack capacity or abdicate their duties, the corporate sphere of influence looms large by default, not due to any principled underpinning. Indeed, disputes between Governments and businesses over just where the boundaries of their respective responsibilities lie are ending up in courts. The soft law hybrids have made a singular contribution by acknowledging that for some purposes the most sensible solution is to base initiatives on the notion of “shared responsibility”. This is a conclusion some moral philosophers have also reached with regard to global structural inequities that cannot be solved by individual liability regimes alone.68 This critical nexus requires greater clarification. 88. The extensive research and consultations conducted for this mandate demonstrate that no single silver bullet can resolve the business and human rights challenge. A broad array of measures is required, by all relevant actors. Mapping existing and emerging standards and practices was an essential first step. What flows logically from the current report is the need for a strategic assessment of the major legal and policy measures that States and other social actors could take, together with views and recommendations about which options or combinations might work best to create effective remedies on the ground. But because the mandate effectively made only 18 months available to the Special Representative, it has not been possible for him to build on his work and submit to the Council the “views and recommendations” resolution 2005/69 invited. Therefore, he would welcome a one-year extension to complete the assignment. As has been his custom throughout, he would continue to hold transparent consultations with all stakeholders during this process and in advance of submitting his views and recommendations in his next (and final) report to the Council. ----- 68 Iris Marion Young, “Responsibility and Global Labor Justice”, Journal of Political Philosophy, vol. 12, (No. 4 (2004)).