International law of State responsibility for refugee flows: is there a right to compensation?

Abstract

This paper has attempted to review the problem over the right to compensation as a means of enfοrcing justice and of preventing future refugee flows. Given the enormous complexities in legal implementation, assessment, and enforcement of the right on behalf of refugees and host States, it is difficult to be optimistic about this approach as a new, effective weapon for large scale prevention of mass refugee flows. More emphasis has to be laid on strengthening the domestic capacity of States to protect human rights, including the rights of minorities and indigenous groups whose relationship with the State is tenuous in many cases.