An appropriate response, it was agreed, was likely to include both regulatory and “top-down” measures, such as legislation, as well as steps to improve capacity and incentives for businesses to act with respect for human rights – the so-called “smart-mix” previously referred to by the UN Special Representative on Business and Human Rights. Yet most States were still some way off from achieving this, participants observed, with the need to improve methods and tools for developing policies and legislation, such as regulatory impact assessment, seen as an important stepping stone in this regard. Views varied and no consensus emerged on whether a new UN treaty on business and human rights was needed or would contribute to closing these gaps.