從廣大興二八號事件看臺菲危機決策——從區域關係與國際爭端解決觀察

The Crisis Management of Shooting Incident of Guang Da Xing No. 28 Fishing Boat between Taiwan and The Philippines in The Perspective of Regional Relations and International Dispute Settlement

二○一三年五月九日在臺菲重疊經濟海域發生廣大興二八號漁船遭菲國公務船槍擊船員死亡之案件，經密集談判終在合作調查所得之基礎上，以菲方道歉、賠償、懲兇及開啟漁業談判而暫落幕。所涉海洋法、管轄權、區域安全、重疊經濟海域等議題均有學者研究，其政治法律之重要性由此得見。本文以事件所在之南海爭端為背景介紹事實、探討事件是否具備危機特徵及可能牽動之區域關係，其次探討主體決策者與客體即爭端決策過程及主要內容，並以二○一一年臺籍詐欺犯遭遣送至中國大陸事件比較本次臺菲、中菲關係暨大國關係有無調整，文末從爭端解決角度觀察管轄衝突、司法互助與國家責任，期藉此作為未來進一步研究之基礎。

On May 9, 2013, in the disputed EEZ which has been claimed both by Taiwan and the Philippines, one Taiwanese fishing boat, Kuang Ta Hsing No. 28, had been shot by the Philippines’s Coast Guards, causing the death of a fisherman. Upon intense negotiation and cooperative investigation, the incident seems to be settled with apology, compensation and prosecution offered by the Philippines and the initial discussion of fishing agreement. Researches cover from the Ocean Law, jurisdiction, regime security to EEZ issues etc. Thus the values of the international law and policy of this crisis can be concluded. This paper first introduces this incident upon the background of the South China Sea disputes, and probes the crisis features of this incident carried and related regime relations. Then it explores the actors’ decisions and crisis management, and observes whether the relations between Taiwan-Philippines, China-Philippines and leading powers have been adjusted, compared with the 2011 fraud case which 14 Taiwanese fraud suspects controversially deported from the Philippines to China. Finally, from the perspectives of dispute settlement, this paper investigates the conflict of jurisdiction, mutual legal assistance and nation responsibility. Therefore, expecting the research of this incident will be a ground stone for further study.