[While s]ome may argue that being on Tier III is punishment
enough, . . . Congress envisioned tangible repercussions for
countries on Tier III. Those who work on the front lines of human trafficking know all too well that a law is useless and diminished at
the very least, unless faithfully implemented.3 o
The long-term effectiveness of unilateral sanctions as an
enforcement mechanism has been debated, and Janie Chuang draws
upon previous reports to concoct her framework for workability when
unilateral sanctions are most effective. Chuang argues that sanctions
regimes have the potential to "contribute to international anti-trafficking
norm development and internalization" if the following criteria are met:
(1) the sanctions imposed should "promote rights that are mutually
binding on both the United States and the target state;"
(2) "the United States should look to international standards in
applying its domestic sanction laws;"
(3) "the documentation and condemnation of violations should be
as evenhanded as possible;"
(4) "the sanctions regime should be structured to permit and
encourage broad participation of a variety of transnational actors"
(including but not limited to nongovernmental organizations,
private enterprises, and intergovernmental organizations) .