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The Rise of China and International Law
 LAW AND GLOBAL GOVERNANCE SERIES

Editors:
Andrew Hurrell, Benedict Kingsbury, and Richard B. Stewart

Global governance involves the exercise of power, beyond a single state, to influence
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and Sally Engle Merry
 The Rise of China
and International Law
Taking Chinese Exceptionalism Seriously

C O N G YA N C A I

1
The Rise of China and International Law. Congyan Cai.
© Oxford University Press 2019. Published 2019 by Oxford University Press.
 3
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Names: Cai, Congyan., author.
Title: The rise of China and international law : taking Chinese exceptionalism seriously /​Congyan Cai.
Description: New York : Oxford University Press, 2019. | Series: Law and Global Governance Series |
Includes bibliographical references and index.
Identifiers: LCCN 2019011169 | ISBN 9780190073602 ((hardback) : alk. paper)
Subjects: LCSH: International law—​China. | International and municipal law—​China. |
China—​Foreign relations—​1976–​ | Exceptionalism—​China.
Classification: LCC KZ4376 .C35 2019 | DDC 341.0951—​dc23
LC record available at https://​lccn.loc.gov/​2019011169

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 Foreword

The present book deals with two sides of a major question: the role of the
People’s Republic of China for the development of international law, and the
role of international law for the development of China. Professor Congyan
Cai of Xiamen University is well qualified to meet this formidable challenge.
Widely traveled academically, he ably integrates perspectives from inside and
from outside China.
Much has been written on different aspects of the role of the People’s Republic
of China for the international legal order. Apart from Judge Hanqin Xue’s mag-
isterial Hague Lectures,1 however, the general question of the relationship be-
tween China and international law has, to my knowledge, not been addressed
as comprehensively as in this book. Professor Cai, author, proceeds from a clas-
sical international relations perspective on rising and declining powers. The au-
thor pursues the question of what effect current international law has, or can
have, on the way in which China acts, how China exists in the international
community, and how China can shape international law.
The principal virtue of the book lies in the combination of current theoret-
ical approaches and typologies with practical developments in specific areas.
The author prepares the ground by identifying characteristic elements of
present-​day international law (Chapter Two) and of China (Chapter Three),
combining self-​understanding and external observation. The core part of the
book consists of four chapters in which the author analyzes crucial elements
of the relationship between China and international law. In Chapter Four he
analyzes four regimes (Peace and Security; WTO and Investment Law; Human
Rights; and Cybersecurity) from the perspective of a move from “norm compli-
ance to norm entrepreneurship” (Chapter Four). Chapter Five reviews China’s
roles with respect to international institutions, ranging, as the author puts it,
from China as an “outsider,” to that of a “partner,” a “member,” and a “sponsor.”
Chapter Six deals, in an insightful way, with the changing role of Chinese
courts regarding the application of international law. And Chapter Seven,
entitled “Lawfare in Dispute Settlement,” addresses the way in which China
has approached formal international dispute settlement procedures, comparing
particularly the South China Sea arbitration and procedures under the WTO

1 Hanqin Xue, Chinese Contemporary Perspectives on International Law: History, Culture and
International Law (Leiden: Martinus Nijhoff Publishers, 2012).

The Rise of China and International Law. Congyan Cai.

© Oxford University Press 2019. Published 2019 by Oxford University Press.
xii Foreword

dispute settlement system. The book concludes with a short Chapter Eight,
entitled “Taking Chinese Exceptionalism Seriously.” On this basis, Professor
Cai suggests that the situation of China is characteristically different from that
of previously rising powers in that, today, China is integrated into a more devel-
oped international legal order.
The book is a valuable attempt to conceive the relevance of international
law for what Professor Cai describes as the “rise of China.” To achieve this aim,
he neither remains at high levels of abstraction nor does he confine himself to
describing specific developments in certain fields. He rather identifies crucial
points by applying pertinent typologies to relevant sets of facts. One need, of
course, not agree with his general assessment and his specific analyses, but they
offer important points of departure for an informed global scientific debate.
Professor Cai has prepared parts of this book during his nine-​month visit in
2016 as a fellow at the Berlin-​Potsdam Research Group “The International Rule
of Law—​Rise or Decline?” His project was particularly pertinent and fruitful in
this context. Since 2015, the aim of the Research Group is to determine: Can we
“under the current significantly changing conditions, still observe an increasing
juridification of international relations based on a universal understanding
of values, or are we, to the contrary, rather facing a tendency towards an
informalization or a reformalization of international law, or even an erosion of
international legal norms?” Observers may detect a Western perspective in this
formulation. Be this as it may, the way in which this question is addressed by
Professor Cai helpfully both integrates and transcends a Western perspective.

Georg Nolte
Humboldt University Berlin,
Member of the International Law Commission
 Acknowledgments

This book builds on and purports to deepen a previous article titled “New Great
Powers and International Law in the 21st Century,” which I published in the
European Journal of International Law (Vol. 24, No. 3, 2013). I am deeply in-
debted to Professor Benedict Kingsbury and Professor José E. Alvarez, who
hosted me as a Fulbright Scholar and a Global Research Fellow (2011–​2012)
at the New York University (NYU) School of Law, where I started my new re-
search plan of “New Great Powers and International Law” and completed the
draft of the aforesaid article.
Special appreciation should be forwarded to Professor Anthea Roberts
from the Australian National University School of Regulation and Global
Governance. Anthea and I share many academic interests. I am thankful that
Anthea, during her working for Columbia University School of Law (CLS),
invited me as a short-​term visiting professor (December 2014) at the CLS. For
the first time I talked with Anthea about my plan to write a book about China
and international law while in New York. I highly appreciate the encourage-
ment and support from her during my production of this book.
I must forward my gratitude to Professor Georg Nolte from Humboldt
University School of Law, who in 2016 kindly invited me as a Senior Fellow to
join the Research Group (KFG) engaging “The International Rule of Law—​Rise
or Fall?,” which Professor Nolte co-​chairs with Professor Heike Krieger from
the Free University of Berlin School of Law. Given that the rise of China has
obviously raised a great concern for international rule of law toward which dif-
ferent observers and policymakers have different and competing views, I do
benefit much from the involvement in the Research Group. As a matter of fact,
the draft of Chapter Three of this book was completed and reported to the KFG
during my stay in Berlin. I offer thanks to all members of the KFG for their very
helpful comments.
Many colleagues, friends, and students have given much help for my pro-
duction of this book. I should mention Professor Mingxin Zhu, Professor
Huachun Guo, Dr. Yujia Wei, Dr. Yue Zhang, Ph.D. students Jie Liu, Yifei
Wang, and Eric Klemm. In particular, Professor Nolte read my manuscript and
wrote a very kind foreword; Professors Andrew Hurrell, Benedict Kingsbury,
and Richard B. Stewart agreed to include my book in the Law and Global
Governance Series. I am also grateful from my heart to many people for their
encouragement and support during my academic career. In particular, they
xiv Acknowledgments

include Professor Huaqun Zeng, Professor Shujie Qi, Professor Wenhua Shan,
Professor Chongli Xu, Professor Fangqin Song, Professor Fei Yu, Professor Jin
Huang, Professor Naigeng Zhang, Professor Yanping Lin, Professor Yao Huang,
Professor Huawen Liu, Professor Jiangyu Wang, Ambassador Xinmin Ma, and
Ambassador Ang Sun.
Lastly and most importantly, I thank my parents, my wife, and my sons for
their understanding, patience, and support.
Chapter Six is based on my paper titled “International Law in Chinese
Court during the Rise of China,” which was published at the American Journal
of International Law (Vol. 110, No. 2, 2016). The Chinese version of Chapter
Seven was recently published with some revisions in the Chinese Yearbook of
International Law (2019).
This book is one of the outcomes of several research projects funded by China’s
National Social Science Planning Office (NSSPO) and Xiamen University. They
include “Improve Chinese Discourse in International Economic Legal Rules-​
Making” (15AZD081), “Improve Chinese Legal Discourse in the Sea-​related
International Affairs” (18VHQ007), and “The Rise of China and International
Legal Order” (20720140000) and “China’s Comprehensive Participation in
Global Governance and International Rule of Law” (17@ZH014). This book is
also a part of the aforesaid project of “The International Rule of Law—Rise or
Fall?” of the KFG.

Congyan Cai
Xiamen, China
 Abbreviations

AB Appellate Body
ADB Asian Development Bank
AIIB Asian Infrastructure Investment Bank
APEC Asia-​Pacific Economic Cooperation
APL Administrative Procedural Law
ASEAN Association of Southeast Asian Nations
BIT Bilateral Investment Treaty
BRI One Belt and One Road Initiative
BRICS Brazil, Russia, India, China, and South Africa
CAT International Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
CBRC China Banking Regulatory Commission
CCP Chinese Communist Party
CESCR Committee on Economic, Social and Cultural Rights
CFIUS Committee on Foreign Investment in the United States
CISG United Nations Convention on Contracts for the International Sale
of Goods
COC Code of Conduct
COMECON Council for Mutual Economic Assistance
DOC Declaration on Conduct
DSB Dispute Settlement Body
DSU Dispute Settlement Understanding
EU European Union
FDI Foreign Direct Investment
FIFD Friends of Investment Facilitation for Development
FTA Free Trade Agreement
G-​7 Group of 7
GATT General Agreement on Tariffs and Trade
GDP Gross Domestic Product
GPCL General Principles of Civil Law
HIL Hegemonic International Law
IBRD International Bank for Reconstruction and Development
ICC International Criminal Court
ICCPR International Covenant on Civil and Political Rights
ICESCR International Covenant on Economic, Social and Cultural Rights
ICJ International Court of Justice
ICSID International Centre for Settlement of Investment Disputes
ICT Information and Communication Technology
ILC United Nations International Law Commission
IMF International Monetary Fund
ISDS Investor-​State Dispute Settlement
ITLOS International Tribunal for the Law of the Sea

The Rise of China and International Law. Congyan Cai.

© Oxford University Press 2019. Published 2019 by Oxford University Press.
xvi Abbreviations

MFA Ministry of Foreign Affairs

NAFTA North American Free Trade Agreement
MFN Most-​Favored-​Nation Treatment
NATO North Atlantic Treaty Organization
NDB New Development Bank
NGO Nongovernmental Organization
NIEO New International Economic Order
NPC National People’s Congress
NPCSC National People’s Congress Standing Committee
NRMs Nonregional Members
NT National Treatment
PCIJ Permanent Court of International Justice
PFM Preliminary Founding Member
PPP Public-​Private Partnership
PRC People’s Republic of China
R2P Responsibility to Protect
RMs Regional Members
ROC Republic of China
SCM Agreement Agreement on Subsidies and Countervailing Measures
SCO Shanghai Cooperation Organization
SCS South China Sea
S&D Special and Differential Treatment
SOEs State-​Owned Enterprises
SPC Supreme People’s Court
TAC Treaty of Amity and Cooperation in Southeast Asia
TPA Trade Promotion Authority
TPNW Treaty on the Prohibition of Nuclear Weapons
TPP Trans-​Pacific Partnership
TPR Trade Policy Review
TRIPS Agreement on Trade-​Related Aspects of Intellectual Property Rights
TTIP Transatlantic Trade and Investment Partnership
UDHR Universal Declaration of Human Rights
UN United Nations
UNCITRAL United Nations Commission on International Trade and Law
UNCLOS United Nations Convention on the Law of the Sea
UNCTAD United Nations Conference on Trade and Development
UNESCO United Nations Educational, Scientific and Cultural Organization
UNFCCC United Nations Framework Convention on Climate Change
UNGA United Nations General Assembly
UNGGE United Nations Group of Governmental Experts
UNSC United Nations Security Council
UPR Universal Periodical Review
USDOC United States Department of Commerce
USSR Union of Soviet Socialist Republics
USTR United States Trade Representative
VCLT Vienna Convention on the Law of Treaties
WB World Bank
WTO World Trade Organization
 1
Introduction

1. Research Background

Today, it is hardly disputable that China is rising as a new great power. The rise of
China is one of the most, if not the most, fundamental events in the reconstruction
of international relations in this century. Less certain, however, is how China is rising
and what China’s rise may bring to the world, including international legal order;
especially, how China, a rising new great power and once the “Middle Kingdom” for
centuries, engages the U.S., the most powerful state and “a city on a hill.” The poten-
tial ramifications, rife with uncertainties, have spurred different and even conflicting
arguments and speculations among commentators and policymakers.
The optimists are confident that today’s international system can well manage
the rise of China. For instance, Ikenberry is critical of the viewpoint that China’s
rise will bring the American era to an end and the Western-​oriented world order
will be replaced. According to Ikenberry,

That course, however, is not inevitable. The rise of China does not have to trigger a
wrenching hegemonic transition. The U.S.-​Chinese power transition can be very
different from those of the past because China face an international order that is
fundamentally different from those that past rising states confronted. China does
not just face the United States; it faces a Western-​centered system that is open,
integrated, and rule-​based, with wide and deep political foundations . . . Today’s
Western order, in short, is hard to overturn and easy to join1 (emphasis added).

In other words, Ikenberry believes that the current international order,

which was crafted by the Western countries and is sustained by international
rules, is inclusive enough to accommodate China’s rise and viable enough to
survive China’s challenge.
More commentators appear less optimistic, albeit not pessimistic. They
tend to take a wait-​and-​see approach.2 For instance, influenced by the English

1 G. John Ikenberry, The Rise of China and the Future of the West, 87 Foreign Aff. 23 (2008) 24.
2 Alastair Iain Johnston, Is China a Status Quo Power?, 27 Int’l Security 5 (2003); David Scott,
The Chinese Century? The Challenge to Global Order (New York: Palgrave, 2008); Eva Paus,
Penelope B. Prime, and Jon Western eds., Is China Challenge the Rule of the Game? (New York:
Palgrave, 2009).

The Rise of China and International Law. Congyan Cai.

© Oxford University Press 2019. Published 2019 by Oxford University Press.
2 The Rise of China and International Law

School of international society, Buzan, in light of the fact that China has already
been substantially integrated into the international society, argued that China’s
peaceful rise

is possible. But achieving it during the next three decades will be much more
difficult than it has been during the past three. To carry on with the successful
rise of the last 30 years China needs to think hard both about itself and about
the international society in which it is now a major player. This process will
inevitably create some tensions, but given that China cannot repeat its expe-
rience of the past 30 years such tensions are an unavoidable price of its rise.
China has choices about what form these tensions take, and if it plays its hand
well, tensions need not be incompatible with peaceful rise.3

Given that China and the rest of the world have extensively interacted with
each other, Buzan stressed that China’s peaceful rise “cannot be accomplished
by China alone, but only by China and the rest of international society working
together to create necessary conditions.”4 This seems to suggest that other coun-
tries should take a constructive approach to engage China’s rise.
Pessimists are not rare and appear to have increased. As early as 2001, for
instance, Mearsheimer, who proclaimed himself an “aggressive realist,” warned
that China would be “far more powerful and dangerous than any of the po-
tential hegemons” that the U.S. confronted in the twentieth century.5 He was
critical of the engagement policy that had persisted for decades in the U.S.,
which harbored an expectation that China would be integrated into the world
economy and transition to democracy so that it would become a partner of the
U.S., must be destined to fail.6 Mearsheimer predicted that

[i]‌f China becomes an economic powerhouse it will almost certainly trans-

late its economic might into military might and make a run at dominating
Northeast Asia. Whether China is democratic and deeply enmeshed in the
global economy or autocratic will have little effect on its behavior, because
democracies care about security as much as non-​democracies do, and he-
gemony is the best way for any state to guarantee its own survival. Of course,
neither its neighbors nor the United States would stand idly by while China

3 Barry Buzan, China in International Society: Is “Peaceful Rise” Possible?, 3 Chinese J. Int’l Pol. 5
(2010) 34.
4 Id., at 4.
5 John J. Mearsheimer, The Tragedy of Great Power Politics (New York: W.W. Norton & Company,
2001) 401.
6 Id., at 4.
 Introduction 3

gained increasing increments of power. Instead, they would seek to contain

China, probably trying to form a balancing coalition. The result would be
an intense security competition between China and its rivals, with the ever-​
present danger of great-​power war hanging over time. In short, China and the
United States are destined to be adversaries as China’s power grows.7

According to Mearsheimer, nothing but might makes a difference to the rise

of China. No international rules can prevent a rising China from seeking he-
gemony. Fortunately, the U.S. is not too late to return to its realist tradition to
contain the rise of China since China at the time of his writing was far from
powerful enough to challenge the U.S.8 Mearsheimer has no difficulty finding
peers in concert with his argument,9 intellectual discourse to corroborate his
warnings,10 or historical records in support of his prediction.11
Several events in U.S.-​ China relations in the past few years, especially
those after Donald J. Trump took presidency in 2017, arguably frustrate
those optimists while encouraging the pessimists. For instance, the U.S., in its
National Security Report of 2017, for the first time identified China as a “re-
visionist power,” which aims to “challenge American power, influence, and
interests, attempting to erode American security and prosperity” and to “shape
a world antithetical to U.S. values and interests.”12 This shift in rhetoric was
soon followed by the eruption of a China-​U.S. trade war in early 2018, which
was considered by China to be the “biggest trade war” in the history.13 This
trade war, still unfolding, has not only been the most serious economic dispute
between the world’s largest and second-​largest economies in recent history, but
it might also be a turning point in the mutual relations between the current
most powerful state and another state with the potential to compete for its in-
ternational leadership. Furthermore, it might start another chapter in the story
of the rise and fall of great powers recurring in the past centuries, which often
led to the fundamental reconstruction of international relations.
It would be wise to leave to statesmen, diplomats, and international rela-
tions scholars the questions of whether China is powerful enough to challenge

7 Id., at 4.
8 Id., at 402.
9 See, e.g., Richard Bernstein and Ross H. Munro, The Coming Conflict with China
(New York: Vintage Books, 1997).
10 See Hans J. Morgenthau, Politics among Nations (New York: Alfred A. Knopf, 1948).
11 See Paul Kennedy, The Rise and Fall of the Great Powers (New York: Random House, 1987);
Karen A. Rasler and William R. Thompson, The Great Powers and Global Struggle 1490–​1990
(Kentucky: The University Press of Kentucky, 1994).
12 White House, National Security Report of the United States, December 2017, at 25, 2.
13 Jethro Mullen, “China: The US has started ‘the biggest trade war’ in history,” July 6, 2018: 12:43
AM ET, available at https://​money.cnn.com/​2018/​07/​06/​news/​economy/​us-​china-​trade-​war-​tariffs/​
index.html.
4 The Rise of China and International Law

the U.S. leadership and whether China has any intention of doing so. As an
international lawyer, I am obliged to stress a major difference between pre-
sent battles between China and the U.S. and those that happened among great
powers before. That is, international law, which has greatly developed in the
last century and especially over the past two decades, has become a focal point
of debate with respect to the rise of China among policymakers in China, the
U.S., and the rest of the world, and this is an issue which has never existed in
the struggles among great powers in the history. It suggests that international
law may play a prominent—​expected or unexpected—​role in the rise of China.
One may assume that international law is more effective and legitimate to reg-
ulate behaviors of great powers. One could also argue that while international
law has become a more efficient instrument to maintain and acquire power
than before, it is still not capable of constraining great powers. Importantly, it
appears certain that different governments subscribe to different views on the
importance and the role of international law and its effects on great powers.
For instance, the U.S. complains that international law facilitates China rapidly
expanding its power but is of little use in regulating its irresponsible behaviors.
By contrast, China is of the view that international law is susceptible to being
misused or abused as a legal “weapon” to hinder its rise.
There was a consensus that China used to be highly critical of the in-
ternational legal order led by the West during the period of the founding of
the People’s Republic of China (PRC) in 1949 through the initiation of the
Reforming and Opening-​up Policy in the late 1970s. During that period, China,
as a “revolutionary state,” had little engagement with the international legal
order.14 On the other hand, there was also a consensus that China did not pose
a serious threat to the international legal order during this time. As China grad-
ually increased its participation in the international legal order since the late
1970s, however, what China would bring about to the rest of the world emerged
as an important concern among international lawyers.
It seems that international lawyers in the early days did not think that China
could pose any serious challenge on international legal order, even though it
was rhetorically critical of it. In particular, they appeared inclined to assume
that China, after it started the Reforming and Opening-​up Policy in the late
1970s, would find that it had to yield to and have respect for international law
in order to integrate itself in international society and, in particular, to appeal
to the Western world. In his renowned 1979 monography How Nations Behave,
Henkin observed that, even when China was a “revolutionary state,” it did not

14 See Jerome Alan Cohen and Hungdah Chiu, People’s China and International Law
(Princeton: Princeton University Press, 1974).
 Introduction 5

threaten international law. Instead, it “accepted international law in principle.”15

Henkin explained in length that

[w]‌hen China decided to emerge on the international scene and strive for in-
fluence with governments and with Communist parties, it had to be prepared
to play largely by existing rules. It did not seek to destroy or remake interna-
tional law. Indeed, it invoked international law and acquiesced in its authority,
as in its territorial disputes with India. Now, having broken with the Soviet
Union, having normalized its relations with the United States, and competing
with both for influence among the new nations, China will presumably in-
crease its respect and support for agreed law of nations.16

A decade later, however, international lawyers were not as confident as be-

fore. Some of them were wary that China might not engage the international
legal order in a manner that was expected by the Western world. For instance,
Feinerman suggested that

China has attempted to accommodate the international community in some

areas more than in others; its practice show both admirable compliance with,
and complete disregard of, international law; and the future participation of
China in the international legal order is certain. Less predictable, particularly
with respect to certain subjects, is China’s acceptance of existing standards.
Whether the PRC will prove capable of establishing new position and winning
over the rest of the international legal community is difficult to assess.17

In the twenty-​first century, the prevalence of pessimistic observations has

increased. Some international lawyers are doubtful that international law
will be effective in engaging a rising China. For instance, Posner and Yoo, by
examining the drawbacks of international institutions including the United
Nations (UN), International Court of Justice (ICJ), international human rights
systems, the International Tribunal for the Law of the Sea (ITLOS), and the
World Trade Organization (WTO), and the U.S. and China’s policies toward
these institutions, concluded that international law would not be a reliable tool
to manage the mutual relations between the two states and predicted that a new
Cold War is most likely to occur between them. Posner and Yoo thus were op-
posed to a popular argument that

15 Louis Henkin, How Nations Behave (New York: Columbia University Press, 2nd ed., 1979) 110.
16 Id., at 109–​110.
17 James V. Feinerman, Chinese Participation in the International Legal Order: Rogue Elephant or
Team Player?, 1995 China Q. 196 (1995) 210.
6 The Rise of China and International Law

America should bind itself and the world to strict adherence to international
law and international institutions such as the United Nations and the World
Court. When America is no longer so mighty, it will be grateful for the protec-
tion that these institutions offer to the weak against the strong.18

More recently, some international lawyers go further and argue that China
seeks to entirely reshape the international legal order in its favor as it rises.
For instance, Katrin Kinzelbach, after a close scrutiny of China’s statements on
human rights at the UN (2000–​2010), suggested

[i]‌t is true that the People’s Republic of China has so far not provided an al-
ternative normative frame to human rights, nonetheless it would be wrong
to conclude that China’s diplomacy at the UN does not impact on the inter-
national human rights regime . . . This political reality undoubtedly increases
China’s ability to shape the international human rights discourse . . .19

More importantly, there appears to have emerged a similar change of

perceptions among policymakers in some countries. Taking the international
trade regime as an example, the U.S. Trade Representative (USTR), in its latest
review on China’s WTO compliance, announced that it “erred in supporting
China’s entry into the WTO.”20 The USTR contends that

U.S. policymakers hoped the terms set forth in China’s Protocol of Accession
would dismantle existing state-​led policies and practices that were incompat-
ible with an international trading system expressly based on open, market-​
oriented policies and rooted in the principle of non-​discrimination, market
access, reciprocity, fairness and transparency. But those hopes were disap-
pointed. China largely remains a state-​led economy today, and the United
States and other trading partners continue to encounter serious problems
with China’s trade regime. Meanwhile, China has used the imprimatur of
WTO membership to become a dominant player in international trade.21

18 Eric A. Posner and John Yoo, International Law and the Rise of China, 7 Chi. J. Int’l L. 1
(2006–​2007) 3, 15.
19 Katrin Kinzelbach, Will China’s Rise Lead to a New Normative Order? An Analysis of China’s
Statements on Human Rights at the United Nations (2000–​2010), 30 Neth. Q. Hum. Rts. 299 (2012)
80, 81. See also Björn Ahl, The Rise of China and International Human Rights Law, 37 Human Rts. Q.
637 (2015).
20 United States Trade Representative, 2017 Report to Congress on China’s WTO Compliance,
January 2018, at 2.
21 Id.
 Introduction 7

In addition to legal compliance, the U.S. is seriously concerned with China’s

intention to enhance its norm entrepreneurship. In seeking an approval of Trade
Promotion Authority (TPA) in early 2015, then President Barack Obama said:

My top priority as President is making sure more hardworking Americans have

a chance to get ahead. That’s why we have to make sure the United States—​and
not countries like China—​is the one writing this century’s rules for the world’s
economy . . . Right now, China wants to write the rules for commerce in Asia.
If it succeeds, our competitors would be free to ignore basic environmental
and labor standards, giving them an unfair advantage over American workers.
We can’t let that happen. We should write the rules, . . .22

Furthermore, the U.S. recognizes that there are many loopholes in interna-
tional law, which reduces the effectiveness and efficiency of international law in
managing China’s rise. For instance, the U.S. has noted that the WTO rules are
insufficient to constrain China’s market-​distorting behaviors.23 In light of this,
the U.S., Japan, and the European Union (EU) have recently issued a joint state-
ment aimed to develop new trade rules on subsidy, public bodies, state-​owned
enterprises (SOEs), technology transfer, and, more generally, market-​oriented
conditions to cope with China.24 Similarly, the EU Commission proposed to
negotiate new WTO rules.25 Clearly, these initiatives are targeted against China.
For the part of China, China has become more friendly with interna-
tional law, recognizing that international law can enhance and justify its rise.
According to Wang Yi, China’s foreign minister, China has recognized that
“in today’s world, acting in accordance with international law is the common
sense, whereas breaching international law is unpopular.”26 China defends it-
self a “staunch defender and builder” of international rule of law.27 China fur-
ther promised that “as China grows stronger, it will make greater contribution
to the maintenance and promotion of international rule of law.”28 In addition
to highlighting its good record of compliance with international obligations,

22 President Obama: “Writing the Rules for 21st Century Trade,” February 18, 2015, avail-
able at https://​obamawhitehouse.archives.gov/​blog/​2015/​02/​18/​president-​obama-​writing-​rules-
​21st-​century-​trade.
23 United States Trade Representative, 2017 Report to Congress on China’s WTO Compliance,
January 2018, at 2.
24 Joint Statement on Trilateral Meeting of the Trade Ministers of the United States, Japan, and
the European Union, May 3, 2018, available at https://​ustr.gov/​about-​us/​policy-​offices/​press-​office/​
press-​releases/​2018/​may/​joint-​statement-​trilateral-​meeting.
25 EU Commission, WTO-​EU’s Proposals on WTO Modernization, Brussels, July 5, 2018.
26 Yi Wang, “China, a Staunch Defender and Builder of International Rule of Law,” October 29,
2014, at http://​www.china-​un.org/​eng/​hyyfy/​t1205399.htm.
27 Id.
28 Id.
8 The Rise of China and International Law

China has become more determined to exert greater influence in international

law-​making by proposing “Chinese wisdom” or “China’s project.”29
On the other hand, partly because of the South China Sea (SCS) arbi-
tration that the Philippines initiated against China in 2013,30 China is also
more concerned that international law may become an impediment to its
rise. Chinese leaders have repeatedly warned that international law is at a
risk of misuse, misinterpretation, or abuse.31 As a matter of fact, never have
Chinese leaders attached so great importance to international law, even
though it might be rhetorical. For instance, China’s President Xi Jinping
contended that

[i]‌n the international society, there should be just one law that applies to all.
There is no such law that applies to others but not oneself, or vice versa. There
should not be double standards when applying the law. We should jointly
uphold the authority and sanctity of international law and the international
order. All countries should exercise their rights in accordance with the law,
oppose bending international law, and reject any attempt to undermine, in the
name of “rule of law”, other countries’ legitimate rights and interests as well as
peace and stability.32

In a nutshell, since China has rapidly expanded its power by, among others,
reorienting its traditionally inward-​focused international legal policies and
practices to around the same time when international law, especially global
regimes and institutions, has gained traction in international relations,33 the
relationship between international law and a rising China has unprecedented
intellectual and policy importance.

29 See Chapter Four.

30 See Chapter Seven.
31 See Xi Jinping, Remarks by H.E. Xi Jinping President of the People’s Republic of China at the
Opening Ceremony of the Second World Internet Conference (December 16, 2015), available at
http://​www.fmprc.gov.cn/​mfa_​eng/​wjdt_​665385/​zyjh_​665391/​t1327570.shtml; Xi Jinping, Speech
by President Xi Jinping at the United Nations Office at Geneva (January 18, 2017), available at http://​
iq.chineseembassy.org/​eng/​zygx/​t1432869.htm. In all these speeches, President Xi Jinping always
warns of the “double standard” application of international law.
32 Xi Jinping, Carry Forward the Five Principles of Peaceful Coexistence to Build a Better World
Through Win-​Win Cooperation—​At Meeting Marking the 60th Anniversary (June 28, 2014)
(Speech on the Five Principles of Peaceful Coexistence), available at http://​www.fmprc.gov.cn/​mfa_​
eng/​wjdt_​665385/​zyjh_​665391/​t1170143.shtml (last visited April 25, 2018).
33 John Garrick and Yan Chang Bennett eds., China’s Socialist Rule of Law Reforms Under Xi Jinping
(London: Routledge, 2016) xxiii.
 Introduction 9

2. Research Structure

In addition to the introduction and concluding parts, this book consists of six
chapters.
As indicated in the previous research background, international law has
become a fundamental concern in the debates surrounding the rise of China
among both academics and policymakers. Thus, it is necessary to examine the
state of the art of international law first. Chapter Two briefly examines how in-
ternational law has transformed in terms of community, power, adjudication,
and spirit, which has significant implications for the international legal policies
and practice of great powers, including China. That chapter then presents a
general evaluation of the relevance of international law to the rise of China,
leaving more specific issues to be explored in the following chapters.
Of course, to what extent international law matters to the rise of China is
substantially influenced by Chinese international legal policies. However, what
is China? This is an ostensibly stupid question, but it absolutely is not! China is
a country whose identity is most difficult to identify. China’s identity not only
changes over time, but exhibits multiple dimensions at the same time. Different
people may have divergent conceptions of China. According to sociological
theories, identity has important impacts on behavior, even though it alone does
not necessarily lead to a behavior. Thus, it is highly likely that people will mis-
understand Chinese international legal policies and practice if people do not
have a proper perception of China’s identity. Therefore, Chapter Three, after a
brief theoretical discussion on identity, reviews the evolution of China’s iden-
tity. Then, this chapter investigates how China has framed its international legal
policies as its identity changes.
Chapter Four moves to regimes that create international rights and
obligations. In domestic society, individuals exercise rights and undertake
obligations in accordance with laws enacted by legislatures and any individual
does not have power to make law for themselves or for others. In contrast, States
in a horizontal international society play dual roles: law user and law maker. As
law users, States are obliged to comply with international obligations to which
they have given their consent; as law makers, States have the right to legislate
themselves. If a State cannot effectively participate in international lawmaking
either because it is not capable of doing so or because it is denied the opportu-
nity to do so, it becomes a mere taker and user of international law and thus is
disadvantaged in arguing for its own interests. The evidence shows that the his-
tory of international law is characterized by a handful of great powers’ making
law for less powerful States, thereby favoring themselves while disadvantaging
less powerful States. As a result, compliance with international law becomes the
most salient concern for less powerful countries.
10 The Rise of China and International Law

As far as China is concerned, China, like many other developing countries,

has long been a user of international law and played a marginal role in inter-
national lawmaking. As a result, what China always endeavors to do is to con-
vince the world that it honors international obligations in good faith. Perhaps
because of this, China was reluctant to enter into treaties with which it found
it could not comply for the time being. However, this has not precluded some
other countries from repeatedly blaming China for poorly complying with in-
ternational commitments. As China rises, China has begun to adopt a distinct
legal strategy. In addition to continually defending its good record of com-
pliance, China seeks to enhance its norm entrepreneurship.34 Thus, Chapter
Four not only reviews what commitments China has made and how they are
implemented but also what commitments China is reluctant to make. More im-
portantly, the chapter devotes itself to further explore how China transforms its
legal strategy from law compliance to norm entrepreneurship and whether it
can succeed in doing so. For this purpose, this chapter first explores the method-
ology that China uses to comply with international law and to achieve its norm
entrepreneurship and potential development. Then, the chapter investigates
several regimes, assessing China’s compliance with them and evaluating China’s
norm entrepreneurship.
As suggested by David Kennedy, the twentieth century was a “move to
institutions.”35 International institutions are major forums where legal rules
are proposed, deliberated, and agreed to. They also often provide mechanisms
under which legal rules in force are enforced. Moreover, they often are
entrusted or enable themselves some community authority toward their
members. This explains why great powers always seek a leading role in inter-
national institutions and, if they cannot succeed in doing so, they may choose
not to join them or to exit from them. As China rises, it endeavors to seek more
say in international institutions. On the other hand, national institutions also
matter to international law in terms of both international lawmaking and en-
forcement. An inspection of national institutions merits special attention for
China because China’s national governance has unique philosophies, frame-
work, and practice. Therefore Chapter Five examines both how China has en-
gaged international institutions at the international level and how China has
organized its national institutions in relation to international law at the national
level. However, I will not attempt to provide a full picture of Chinese activi-
ties in this regard. Rather, I would like to focus on how China, as a rising great
power, leverages institutions to protect its interests and expand its powers. As

34 See Chapter Three.

35 David Kennedy, The Move to Institutions, 8 Cardozo L. Rev. 841 (1987) 843.
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he could have that. He paid the price out of a well-filled purse.
“I offered to conduct him up to the room, Mr. Carter, but he said it
would not be necessary, because he was familiar with the house, he
having stopped here on various occasions twenty years ago. He left
the room, and that was the last I saw of him until I discovered his
murdered body, when I went up to the attic to call him and opened
the door of the room he occupied.”
“You heard him say he had stopped here on various occasions
twenty years ago?”
“Yes, sir.”
“What is the proprietor’s name?”
“Henry Lancaster.”
“How long has he conducted this place?”
“Ten years.”
“Do you know the name of the man from whom he purchased it?”
“I do not.”
“Has any one been upstairs to the murdered man’s room since you
made the discovery?”
“No one has been near it. Everything is undisturbed. I did not enter.”
“I will speak to the proprietor.”
Carter approached Mr. Lancaster, who was a middle-aged man of
affable manners.
“The bartender informs me that you have conducted this place for
about ten years,” the detective said, as he came up to Mr. Lancaster.
“I have owned it for nearly eleven years,” Mr. Lancaster replied.
“From whom did you purchase it?”
“A man named Peter Wright, who had been the proprietor for nearly
a quarter of a century.”
“Is Mr. Wright alive?”
“He is.”
“Where does he reside?”
“At the Cosmopolitan Hotel, across the street. He is a bachelor, and
entirely alone in the world, all of his relatives having died. He is an
Englishman by birth, and a courtly old gentleman. He has a
moderate income to live on, and he is enjoying himself in his
declining years. All of the merchants of old New York knew him, and
when he conducted the Red Dragon Inn it was famous as a chop
house.
“Mr. Wright’s acquaintance is extensive,” added Lancaster. “If you
see him, he may know something about the murdered man—if the
man spoke the truth when he said that he used to stop here twenty
years ago.
“I shall surely call upon Mr. Wright, and ask him to take a look at the
remains.”
At this moment Carter felt a heavy hand laid upon his shoulder. He
turned around and beheld the captain of the precinct, who had just
arrived.
“I am glad to see you, Mr. Carter,” the officer exclaimed. “You can
help us in this, and as usual I suppose you have gleaned
considerable information?”
“I have found very little,” the detective replied.
“Will you help us?”
“Certainly.”
“My mind is relieved. I hope you’ll take full charge of the case.”
“What about headquarters?”
“I will take care of that. While you have charge, the people at
headquarters will not interfere.”
“Have you sent out an alarm?”
“Yes.”
“Let us go up to the attic room. Request your men to keep every one
downstairs.”
“I will do that.”
The police captain issued his instructions to his men, and then he
and Carter proceeded upstairs to the attic room in which the body of
the victim lay.
The captain stood out in the hall on the threshold, while the detective
entered the room.
Carter stepped up to the side of the bed and scrutinized the face of
the victim closely in silence.
“His throat was cut while he slept,” Nick remarked, looking toward
the captain.
“Do you see any sign of the weapon with which the crime was
committed?” the police official asked.
“Not yet.”
Carter turned around and commenced to inspect the room.
For nearly fifteen minutes he was engaged in the work, without
uttering a word.
The police captain watched him with close attention.
The detective went over the ground with the avidity of a sleuthhound
scenting for a trail.
Every nook and corner of the apartment was inspected, until the
detective stood by the window, the sash of which was raised. He
looked at the sill and then uttered an exclamation.
“What is it?” the police captain asked, entering the room and
stepping up to Carter’s side.
“See,” the detective replied, pointing with his forefinger to stains
upon the window sill and the lower part of the sash. “Here are
imprints of bloody fingers. The murderer, after he committed the
crime, came over to this window and raised the sash. And here are
bloody tracks on the outside. Look; there are imprints of shoes in the
snow across the roof—they lead from here to the edge. The
murderer escaped this way. Wait here.”
“What are you going to do?”
“You’ll see.”
Carter crawled out of the window onto the roof, and followed the
tracks in the snow, until he came to the edge of the roof, where he
halted and looked over.
There, attached to the side of the house, he beheld an iron ladder
leading from the roof down to the yard.
Still he saw nothing of the weapon with which the crime had been
committed.
There was no doubt now in his mind about the assassin having
escaped by the roof. He returned to the room and gave the captain
an accurate but brief account of what he had discovered.
“This leads me to think the murderer possessed some knowledge of
this house,” the police captain remarked, after he had listened to
what the detective had to say.
“Probably,” Carter rejoined, and then for a time he lapsed into deep
thought.
The captain was also silent.
Nick’s eyes wandered around the room and he bit his lips.
Upon his face there was a strained expression.
One could tell that he was following some train of thought.
The pupils of his eyes blazed brilliantly.
Minute after minute passed and still he did not speak.
Patiently his companion waited.
Carter’s eyes rested upon the clothing of the victim, which was lying
on a chair near the bed in a corner of the room.
It was in a confused heap.
The detective stepped forward.
“We have overlooked these!” he exclaimed, pointing to the clothes.
“I was just looking at them,” the police captain remarked. “It seems to
me that they must have been disturbed by the murderer.”
“They were,” Carter rejoined, holding up the dead man’s vest for the
police captain to inspect. “There are bloodstains upon this and the
other garments.”
“Search the pockets.”
For some minutes the detective was engaged in making the search.
When he finished he looked at the captain.
“Nothing,” he said tersely.
“The murderer secured everything,” the police captain rejoined, in a
tone of disappointment, “he has not left a scrap of paper by which
the dead man could be identified.”
“Everything is gone.”
“It is too bad.”
“Yes—but I have made a discovery.”
“What is it?”
“These are prison clothes—they are new.”
“What! Are you sure?”
“I am positive. They were made in Sing Sing Prison.”
“And what is your conclusion?”
“This murdered man was recently released from State’s prison.”
“Perhaps the motive for the crime was revenge.”
“Maybe, and still he may have been murdered because he
possessed information which some one was afraid would be
divulged.”
“That may be it.”
“In one way this discovery is important.”
“And you really think this man was a convict?”
“I do. If he were not a released convict he would not have worn
clothing made expressly for the convicts.”
“He may have purchased them from some one.”
“That is so—but still I think he did not.”
“There is one clew anyway.”
“Yes.”
“Let us go downstairs.”
They left the room.
Carter closed and locked the door.
On the way downstairs the detective inspected the steps, but he
found nothing which would throw any light upon the mystery. There
were no tracks, except those in the snow on the roof. The leading
question in his mind was how the murderer had entered the house.
After he had returned to the barroom he called the bartender aside
and asked:
“Do you remember if any one came in after the old man retired?”
“Yes, I do, now that I come to think of it,” the bartender exclaimed,
with considerable animation. “A tall man entered just as the old man
left the room. He wore a long ulster and a slouch hat.
“This man, sir, stepped up to the bar and called for whisky, which I
served to him. He took a seat at a table near the hall door.
“I was busy supplying the orders to the other customers and I did not
pay any attention to him.
“When I came to close up he was gone.
“When he went out, I do not know; but he may have left while I was
serving drinks at some one of the tables.”
“Would you know the man if you should see him again?” inquired the
detective.
“I cannot tell whether I would or not.”
“Are you able to describe him?”
“I should think he was about forty-five or fifty years old. His face was
covered with a heavy brown beard. His eyes were black, restless
and penetrating. That is all I can remember about him. I didn’t pay
particular attention to him.”
“Who occupied the room next to the one in which the man was
murdered?”
“I did.”
“What time did you retire?”
“It was probably about half past one o’clock. As I was about to enter
my room I noticed that a light was burning in the old man’s room. I
thought at the time that he had not yet retired, but I didn’t hear him
make any noise.”
“You were not awakened during the night?”
“No.”
“Are you a sound sleeper?”
“I am.”
“What time did you get up?”
“About half past eight o’clock.”
Carter went out into the back yard.
There he found footprints in the snow leading from the foot of the
ladder over to a gate in the fence, which opened to an alley running
along between the yards into Hudson Street.
The trail was plain and distinct.
The detective followed it until it ended on Hudson Street.
Then he returned to the yard, where he made a search for the
weapon, thinking the assassin might have thrown it away.
But there was no trace of it to be found.
Carter went back into the barroom.
The coroner had arrived and was preparing to take charge of the
body.
The detective hurried across the street to the Cosmopolitan Hotel
and asked to see Mr. Wright, the former proprietor of the Red
Dragon Inn.
Mr. Wright was a portly old gentleman with a large, florid, jovial face,
and he received the detective instantly. He listened attentively to
what Carter had to say, and he complied with his request to
accompany him over to the inn and view the remains of the victim.
“If that man spoke the truth,” Mr. Wright remarked, as he and the
detective left the hotel, “I may be able to identify the body.”
 CHAPTER III.
THE IDENTIFICATION.

Carter conducted Peter Wright upstairs to the attic room in which the
body of the victim lay.
The coroner was making an examination, but he stepped aside, so
as to allow Mr. Wright to see the face of the murdered man.
The former proprietor of the Red Dragon Inn looked at the ghastly
white countenance long and intently.
All of the persons in the room watched him in silence.
Several times the old man shook his head back and forth and his
brow became contracted.
Finally he looked at Carter and shook his head dolefully.
“There is a certain familiar expression about that man’s features,” he
said, in a tone of awe, “but for the life of me I cannot recall who he is.
If he were a patron of the Red Dragon Inn while I was proprietor, he
has changed so that I cannot remember him.”
“I am very sorry that you are not able to identify the body, Mr.
Wright,” the detective said. “Will you kindly accompany me
downstairs. I want to have a private talk with you.”
“Lead on, and I will follow.”
The detective led the way down to the parlor.
As soon as they were inside the room he closed the door. Presently
he and Mr. Wright were ensconced in easy-chairs.
“Permit your memory to wander back ten or twelve years to the time
when you owned this place, and see if you can recall the name of
any one of your patrons who was sent to State’s prison.”
Mr. Wright started.
“By Jove!” he exclaimed.
Carter smiled and his eyes sparkled.
“What startles you?” the detective asked, with an assumed air of
surprise.
“Nothing startles me,” Mr. Wright rejoined.
“Then what is it?”
“That man is Alfred Lawrence—he has changed mightily—it is no
wonder I did not recognize him. But I know him now.”
“Who was Alfred Lawrence?”
“He was one of my old customers. He was sent to Sing Sing for
fifteen years for forgery. Don’t you remember the famous Lawrence
will case?”
“I have a slight recollection of it. The trial took place while I was away
in Europe, and I read very little about it.”
“I will tell you about it.”
“Do so.”
“Alfred Lawrence was a well-to-do produce merchant, who had an
office on West Street and lived on Beach Street.
“His uncle, after whom he was named, was the senior member of the
firm. Old Alfred Lawrence was a bachelor.
“When he died a will was found, and in it he left all his estate to his
nephew.
“Simeon Rich, another nephew, and his sister contested the will.
They claimed that it was a forgery and that Alfred Lawrence had
forged his uncle’s signature.
“The case came up before the surrogate and the fight was a bitter
one on both sides.
“Lawrence’s wife, with whom he had lived unhappily, went before the
referee and swore that she had seen her husband forge the will. Her
testimony was corroborated by Blanchard, the chief witness, who
was Lawrence’s butler.
“It was hinted at, at the time, that Mrs. Lawrence and Simeon Rich
were very intimate.
“The will was broken. Lawrence was arrested, tried, convicted, and
sent to State’s prison.
“Then people forgot all about him.”
“What became of Mrs. Lawrence?” asked Carter.
“She lived for a time in the Beach Street house. A year after her
husband’s conviction the house was closed up and Mrs. Lawrence
and her child disappeared. The house has remained closed ever
since.”
“Then there was a child?”
“Yes—a girl—she was about twelve years old at the time.”
“What became of Simeon Rich?”
“I do not know.”
“How was the estate divided?”
“That I do not remember.”
“Lawrence, you say, was a customer of yours?”
“He was, and he was a mighty fine fellow. I always believed he was
innocent, notwithstanding the fact that all the evidence was strong
against him.”
“And you believe that the murdered man is this same Alfred
Lawrence?”
“I do.”
“Is this all the information you can give me, Mr. Wright?”
“It is.”
“What was the number of the old house on Beach Street in which
Lawrence resided?”
“I don’t remember, but you can find it easily. It is near Varick Street,
and it is the only house on the block that is closed.”
“Ah!”
“Some one is at the door,” said Peter Wright.
Carter arose from his chair and opened the door.
The police captain entered the room, followed by a policeman.
“Mr. Carter,” he said, “here is one of my men, Officer Pat Maguire; he
saw the murdered man last night.”
“Did he?” Carter queried, casting a searching glance at Maguire,
who replied:
“That I did, sir.”
“Sit down and tell me all about it.”
Pat Maguire took a seat.
“This morning,” he said, “I reported at the station house and I heard
about the murder. The instant I heard a description of the man read I
concluded it was the poor, forlorn, down-and-out old chap with whom
I had talked last night while on my beat.
“I came around here, took a look at the body, and I saw that it was
the old man. Then I instantly told the captain about the conversation
I had with him, and he brought me here to see you.”
“Tell me about that conversation, Maguire.”
Policeman Maguire gave Carter a clear account of the conversation
which he had held with the old man and described how he had
acted.
When he concluded, Mr. Wright ejaculated:
“You see, Mr. Carter, that corroborates what I told you. There are no
reasonable doubts now about the man being Alfred Lawrence.”
“Why did he try to enter that house on Beach Street?”
“I cannot tell.”
“There is a deep mystery here,” remarked Carter, “one which I intend
to solve. Gentlemen, I must leave you. Please keep silent about
what you have told me.”
Before any one could utter a word, he had slipped out of the room.
“A strange man,” the police captain remarked, as soon as Carter was
gone. “Why has he left the room without giving any intimation of what
he was going to do?”
The information which had been imparted to Carter by Mr. Wright
and the policeman was important. He was certain now that the
murdered man was the ex-convict, Alfred Lawrence.
It was his intention to probe into that man’s history and learn more of
the details of the will case and the trial.
In doing this, would he be able to discover the motive of the murder?
After leaving the Red Dragon Inn the detective at once—without
waiting to go home—went to a near-by telephone exchange and
called up the keeper of Sing Sing Prison.
From this man he learned that Lawrence had been released early
the day before, that he had been furnished with clothing and a small
sum of money, and that he started for New York.
“What train did he leave on?” Carter asked of the keeper.
“The eleven-ten,” the keeper replied.
“Was he an exemplary prisoner?”
“Yes.”
“Did he have any visitors call on him?”
“None.”
“Are you sure?”
“Yes.”
“During his imprisonment, did he receive many letters?”
“None.”
“Did he ever talk to you about himself?”
“No, he was always a taciturn man and he never talked to me or to
others about himself. When he left here yesterday he said that he
intended to be revenged on the persons who had wronged him, for,
he said, he had suffered for a crime of which he was not guilty.”
“Did he mention any names?”
“No.”
“How much money did you give him?”
“Ten dollars.”
From the telephone office the detective went in his automobile to the
old house on Beach Street. He stood on the sidewalk and inspected
it. There was no sign on the house to indicate that the formerly
handsome residence was for rent or for sale. All the windows were
boarded up tight.
A man, who lived next door, noticed Carter, and coming up to his
side, coughed nervously, to attract his attention.
“Are you thinking of buying or renting this place?”
“Is it for sale?” the detective asked, without answering the man’s
question.
“I do not know. I thought from the manner in which you were looking
at it that you thought about renting or buying it. No sign has ever
been up on the house.”
“How long have you lived in this neighborhood?”
“About twenty years.”
“Then you are pretty well acquainted with it?”
“That I am.”
“How long has this house been uninhabited?”
“About ten years, I think.”
“Were you acquainted with the last tenant?”
“I was. Alfred Lawrence and his family lived there. Lawrence was
sent to State’s prison on a charge of forgery. His wife and child
moved away, and from that day to this I never heard what became of
them.”
“Have you ever seen any one visit the house?”
“No one has ever come here.”
“Was the furniture taken away?”
“Yes.”
“Then the house is evidently empty?”
“It is.”
“Were you acquainted with Lawrence enough to know anything
about his affairs?”
“I was not.”
“All I know is what I read in the newspapers at the time.”
“Was he a man of considerable means?”
“I always thought so.”
“Did you know Simeon Rich?”
“No.”
Not being able to secure any further information from the man, the
detective walked away.
Many thoughts crowded his mind and he asked himself innumerable
questions in regard to the case.
The prison keeper had told him over the telephone that Lawrence
had only ten dollars in his possession when he left Sing Sing, and
the bartender at the Red Dragon Inn had informed him that the man
who had been murdered had displayed a large sum of money when
he paid for the night’s lodging.
“From whom had Lawrence received money?” the detective asked
himself as he pondered over this. “He must have got money from
some one.”
That was clear.
But the bartender might have been mistaken.
Nick told Danny to drive to a restaurant, where he procured an
excellent breakfast; then he directed the chauffeur to make a dash
up to the Grand Central Station, where he hoped to find some one
who had seen Lawrence leave the train and had noted the direction
in which he went.
What had Lawrence done from the time he left the depot until Pat
Maguire saw him standing in front of St. John’s Church looking into
the churchyard?
Would the detective be able to follow his footsteps?
Many would have looked upon such a task as Carter had set out to
perform as hopeless.
The railroad detective who was stationed at the depot was unable to
furnish Nick with any information.
Carter made inquiries of the porters and others, but none of them
remembered seeing any man who answered to Lawrence’s
description.
Finally, he left the depot and went outside to the cab stand.
Here he commenced to question the drivers.
At last he found a man who, in reply to his question, said:
“I drove the old chap downtown in my cab.”
“Do you think you would be able to identify him if you should see him
again?” Carter asked.
“I do,” the cabman answered.
“Will you come with me?”
“What for?”
“I want you to take a look at a man and see if he is the same person
whom you drove downtown.”
“I can’t leave my cab.”
“Drive me down to the Cosmopolitan Hotel.”
“I’ll do that.”
Nick sent Danny home, got into the cab, and was driven away.
He had his reasons for not telling the cabman anything about the
case.
Before he questioned him further he wanted to see if the murdered
man was the same person whom the man had had for a fare the
previous day.
The cab stopped in front of the Cosmopolitan Hotel and the detective
alighted. He and the driver crossed the street and entered the Red
Dragon Inn.
To the chamber of death the detective conducted his surprised
companion.
When they entered the room Carter pointed to the corpse and asked:
“Is that the man?”
“Dead!” the cabman ejaculated, as he started back, after having
glanced at the face of the murdered man. “Yes, sir, it is the man, all
right. He has been murdered!”
“Yes.”
“Did you fetch me down here to place me under arrest?”
“No.”
“I know nothing about this.”
“Come with me.”
“I’ll go with you, but I swear——”
“There, there, my man, don’t get excited. You will not be arrested—
rest easy on that score.”
“But——”
“Wait until we get outside, and then I will tell you what I want you to
do.”
They returned to the cab and stood on the sidewalk near it.
Carter was silent for a short time.
Suddenly he looked up into the pale face of the cabman and asked:
“Where did you drive him?”
“You mean——” the man stammered. The question had been asked
so suddenly that he was slightly confused.
“I mean the man whose body lies over there in the Red Dragon Inn.”
“I drove him down to the Manhattan Safe Deposit Company. He got
out of the cab, told me to wait for him, and then he went into the
building, where he remained for nearly half an hour. When he came
out he paid and dismissed me.”
“When he paid you did he display any large amount of money?”
“He had quite a large-sized roll of bills in his hand.”
“Did you drive away immediately after you received the money for
your services?”
“I did.”
“And you did not notice in which direction the old man went?”
“He went back into the building.”
 CHAPTER IV.
A PECULIAR INTERVIEW.

Carter lapsed into silence after the cabman had answered his last
question.
It was clear to him now that Lawrence had secured money at the
Manhattan Safe Deposit Company.
Did he get the money out of a box, which he owned, or from some
one connected with the company?
The detective proposed to find out. He happened to be acquainted
with the cashier of the safe deposit company, so he ordered the
cabman to drive him to the gentleman’s house.
Fortunately, Carter found the cashier at home, and he was received
by him in his library.
“Were you acquainted with an Alfred Lawrence?” the detective
inquired of the cashier as soon as he was seated.
The gentleman started in surprise, and asked:
“Why do you ask that question?”
“I want information,” Carter replied, with a smile. He paused for a
moment, and then he continued: “I can see from the manner in which
you started that you knew Alfred Lawrence.”
“Yes, I did know Alfred Lawrence, and I always regarded him as an
honest man. In spite of the fact that he was tried and found guilty of
forgery, I have always believed he was innocent. But why do you
come here asking about Lawrence?”
“Lawrence was murdered at the Red Dragon Inn early this morning.”
“No! It can’t be true!”
The gentleman bounded out of his chair and, standing in the center
of the room, gazed at Carter with an expression of astonishment
upon his face.
“It is true, nevertheless,” the detective replied.
“I saw him yesterday. He had just been released from Sing Sing
Prison.”
“Please be seated and try to be calm. I want you to recall to your
mind all that occurred yesterday between you and Lawrence. It is
important that you should remember everything.”
“I will try and do as you request.”
The gentleman resumed his seat, and for some time he bowed his
head, resting it upon his hand.
The detective remained quiet.
Patiently he waited for the cashier of the safe deposit company to
speak. He desired to let him have plenty of time in which to recall to
his mind all that had happened between him and the murdered man
on the previous day.
Finally the gentleman raised his head and gazed intently into
Carter’s face.
“This is a great shock to me,” he remarked, as he passed his hand
over his forehead. “Lawrence came into my office about two o’clock.
“At first I did not recognize him on account of the great change that
had been wrought in him.
“When I learned who he was I was glad to see him.
“He sat down and told me about his prison experience.
“In years gone by we had been friends.
“When he was tried I did what I could to help him.
“The evidence was too strong against him, and he was convicted.
“When he was sent to prison he left in my care some securities to
dispose of. I sold them and placed the money on deposit with the