The Responsibility of the Flag State for Beneficially Owned Vessels :Blockchain as Evidentiary Means

Resumen

The effectiveness of flag State responsibility ultimately depends on the ability of the flag State to identify those who exercise effective control over the vessels flying its flag. In practice, however, this condition is not always fulfilled. While ship registration establishes the legal nationality of the vessel, it does not necessarily disclose its beneficial ownership, which may remain concealed through complex corporate structures extending across several jurisdictions. This disconnect between legal registration and effective control creates an evidentiary gap that may weaken the practical implementation of the flag State's obligations under the law of the sea.

Starting from this observation, this article examines whether blockchain technology could contribute to reducing that evidentiary limitation. The analysis does not approach blockchain as a substitute for existing ship registration systems. Instead, it considers its capacity to preserve reliable and verifiable information capable of linking the legal identity of the vessel with its beneficial ownership. Where the procedural requirements governing digital evidence are satisfied, blockchain records may strengthen the evidentiary basis upon which ownership and effective control are established before international courts and tribunals. In this respect, blockchain does not alter the legal framework governing flag State responsibility. Its principal contribution lies in improving the transparency and reliability of the information available to support the effective exercise of existing legal obligations.