EMERALD NEW JOURNAL LAUNCH PROPOSAL

For guidance purposes, please see below an example of a well researched,

completed, informative and compelling new journal proposal. For further
information, consult the “How to write a journal proposal” guide.

Proposed Title:

International Journal of Law in the Built Environment Comment [VB1]: The title
should reflect the scope of the
proposed journal, be clear and
different from the competition
Proposed Editor: and Emerald existing titles.
The title may change as the
 Paul Chynoweth BSc LLB Solicitor, Senior Lecturer in Property & Construction Law, proposal progresses and
University of Salford, UK. should be one of the last areas
of the proposal to look at, to
ensure consistency with the
proposal. “International” word
Journal Specification: and Institutions’ names are to
 Proposed launch date: April 2009 be avoided.

 No. of issues per year: 3 (during launch year – to be reviewed thereafter) Comment [VB2]: It is
 No. of papers per year: 15 (5 papers per issue) advisable to start with a low
number of issues to ensure
 Non-article content (e.g. conference diary, news section, book review section): reasonable copy flow and
None initially but, as described in para 1.3 (below), further sections may be included quality of papers. The number
of issues is reviewed by
following a review after the initial start up period. Emerald every year.
 Review process (e.g. editor-reviewed, double blind, etc.): Double Blind
Comment [VB3]: This needs
to be a regular section of the
proposed title and add value to
the content.
EDITORIAL TEAM

1.1. Editor’s Short C.V. (Résumé)

Paul Chynoweth is senior lecturer in property and construction law in the University of
Salford’s School of the Built Environment. He is also a prominent member of the
University’s six-star-rated Research Institute for the Built and Human Environment. He
has degrees in law and building surveying and was formerly in practice as a solicitor.

He has published widely (see below) in his specialist areas of boundaries, party walls
and easements and is the author of the well known Party Wall Casebook (Blackwells
2003 & 2007). He has been the recipient of Emerald Literati “outstanding paper” (2006)
and “highly commended paper” (2005) awards for his ongoing work on the legal
entitlement to daylight. His publications also address the disciplinary challenges posed by
legal research within the wider built environment field and, by invitation, he contributed
the legal research chapter in Advanced Research Methods in the Built Environment, to
be published by Blackwells later this year.

1
Over the last two years, through his leadership of the Built Environment Law Network
(BEL-NET) and the CIB Working Commission W113 on Law & Dispute Resolution, he
has been responsible for establishing academic legal research as an accepted (and
vibrant) part of the wider built environment research community. He has led a series of
increasingly successful law themes at recent CIB and RICS COBRA conferences and
has been invited to co-chair the 2009 CIB symposium with W113 as an equal partner to
the established W065 Commission on Organisation & Management of Construction. Comment [VB4]: It is
essential to demonstrate
pertinent expertise and
He has served on the editorial board of Structural Survey for ten years (including his involvement within the relevant
most recent role as legal editor) and during this period has edited two special issues of community.
the journal including the recent double issue on Law in the Built Environment. Comment [VB5]: It is
important to demonstrate
1.2. Editor’s Publications editorial experience (e.g. guest
editorship, editorial advisory
board membership) and
Books involvement with other
 Chynoweth, P. (2007) The Party Wall Casebook, (Paperback Edition) Blackwell academic publications
Publishing Ltd, 486 pages, ISBN: 1-4051-6324-0. Comment [VB6]: These
 Chynoweth, P. (2003) The Party Wall Casebook, Blackwell Publishing Ltd, 486 need to be accurate,
comprehensive and relevant to
pages, ISBN: 1-4051-0022-2. the proposal. Please insert this
information as appendix.
Book Chapters
 Chynoweth, P. (2007) ‘Legal Research in the Built Environment’, in Knight, A.
and Ruddock, L (eds) , Advanced Research Methods in the Built Environment,
Blackwell Publishing [In Press].

Peer-Reviewed Journal Articles & Monographs

 Chynoweth, P. (2007) 'Rights to Light: Radical Consequences of an Orthodox
Decision', The Conveyancer and Property Lawyer, Vol. 71, pp. 175-183.
 Chynoweth, P. (2005) 'Progressing the Rights to Light Debate Part II: The
Grumble Point Revisited', Structural Survey, Vol. 23, No. 4, pp.251-264.
 Chynoweth, P. (2004) 'The Scope for Agreement in Statutory Party Wall
Procedures', Construction Law Journal, Vol. 20, No. 6, pp. 319-332.
 Chynoweth, P. (2004) 'The Party Wall etc Act 1996: Compensation and
Treatment of Easements', The Conveyancer and Property Lawyer, Vol. 68, No. 3,
pp. 232-240.
 Chynoweth, P. (2004) 'Progressing the Rights to Light Debate Part I: A Review of
Current Practice', Structural Survey, Vol. 22, No. 3, pp.131-137.
 Chynoweth, P. (2002) 'Making Sense of the Party Wall Legislation: Still No Easy
Task', Structural Survey, Vol. 20, No. 1, pp. 13-18.
 Chynoweth, P. (2001) The Party Wall etc. Act 1996: Defining the Role of the
Appointed Surveyor, RICS Foundation Research Papers Series Monograph, Vol.
4, No. 2, 46 pages, ISBN: 1-84219-080-6.
 Chynoweth, P. (2001) 'Impartiality and the Party Wall Surveyor', Construction
Law Journal, Vol. 17, No. 2, pp. 127-137.
 Chynoweth, P. (2000) 'Invalid party wall awards and how to avoid them',
Structural Survey, Vol. 18, No. 4, pp. 168-176.
 Chynoweth, P. (2000) 'A Systematic Approach for Evaluating the Requirement for
Service of Party Structure Notices', Property Management, Vol. 18, No. 3, pp.
243-257.
 Chynoweth, P. (2000) 'Unnecessary Inconvenience and Compensation within the
Party Wall Legislation', Structural Survey, Vol. 18, No. 2, pp. 99-104.
 Chynoweth, P. (1996) 'Historic parish church alterations and the law: has the dust
finally settled', Structural Survey, Vol. 14, No. 1, pp. 14-20.

Edited Works

2
  Chynoweth, P. (ed) (2007) Structural Survey: Law in the Built Environment
Special Issue, Vol. 23, Nos. 3 & 4.
 Chynoweth, P. (ed) (2000) Structural Survey: John Anstey Memorial Issue, Vol.
18, No. 5.

Peer-Reviewed Conference Contributions

 Chynoweth, P. (2007) 'The Origins and Empirical Basis for Expert Witness
Practice in Rights to Light Litigation in England and Wales: A Critical Study',
Proceedings of the RICS Construction and Building Research Conference
(COBRA 2007), 6-7 September 2007, Georgia Institute of Technology, Atlanta,
USA.
 Chynoweth, P. (2007) 'The Right to Daylight in England and Wales: Some
Anomalies and Current Research', Proceedings of the European Network for
Housing Research International Conference on Sustainable Urban Areas (ENHR
2007), 25th - 28th June 2007, Rotterdam, Netherlands.
 Chynoweth, P. (2007) 'Expert Evidence in Rights to Light Litigation: A Review of
Judicial Attitudes to Current Practice in the UK', Construction for Development:
Proceedings of the CIB World Building Congress 2007, 14th - 18th May 2007,
Cape Town, South Africa.
 Chynoweth, P. (2006) 'Professional doctorates in the built environment: how
Higher Education is responding to the changing needs of industry and the
professions', Proceedings of the Built Environment Education Conference
(BEECON 2006), 12-13 September 2006, Bonnington Hotel, London, UK.
 Chynoweth, P. (2006) 'Legal Scholarship in the Built Environment:
Epistemological Considerations and Cultural Challenges', Proceedings of the
RICS Construction and Building Research Conference (COBRA 2006), 7-8
September 2006, University College London, London, UK.
 Chynoweth, P. (2006) 'The Built Environment Interdiscipline: A Theoretical Model
for Decision Makers in Research and Teaching', Proceedings of the International
Conference on Building Education and Research (CIB W89 BEAR 2006), 10 - 13
April, 2006, Hong Kong Polytechnic University, Hong Kong, People's Republic of
China.
 Chynoweth, P. (2005) 'Deep Excavations, Piling and the Subtle Mind: Further
Support for the Global Convergence Thesis from the UK Construction Industry',
Collaboration and Harmonization in Creative Systems. Proceedings of the 3rd
International Structural Engineering and Construction Conference (ISEC-03),
20th - 23rd September 2005, Shunan, Japan.
 Chynoweth, P. (2005) 'Law as a Critical Tool in Applied Construction
Management Research', Learning from Experience: New Challenges, Theories
and Practices in Construction. Proceedings of the 11th Joint CIB International
Symposium, 13th - 16th June 2005, Helsinki, Finland.
 Chynoweth, P. (2002) 'Valuing the Loss of Daylight: Principles and Practice in the
UK', Proceedings of the International Real Estate Research Symposium, 16-18
April, National Institute of Valuation, Kuala Lumpur, Malaysia, pp. 263-271.
 Chynoweth, P. (2001) 'Expert, Arbitrator or Historical Anomaly: Revisiting the
Role of the Party Wall Surveyor', Proceedings of the RICS Construction and
Building Research Conference, 3-5 September, Glasgow Caledonian University,
UK, Vol. 2, pp. 577-586.
 Chynoweth, P. (1999) 'New Liabilities for the Construction Industry within the
Party Wall etc. Act 1996', Proceedings of the RICS Construction and Building
Research Conference, 1-2 September, University of Salford, UK, Vol. 1, pp. 263-
273.

External Reports
 Royal Institution of Chartered Surveyors (2002) Party Wall Legislation and
Procedure: RICS Guidance Note, RICS Books, 57 pages, ISBN: 1084219-073-3.

3
Professional Journal Articles
 Chynoweth, P. (2004) 'Party Wall Act: Comply or be Damned', Journal of the
RICS Building Surveying Faculty, 11, pp. 15-16.
 Chynoweth, P. (2003) 'Party walls exposed', Journal of the RICS Building
Surveying Faculty, 8, p. 18.
 Chynoweth, P. (2003) 'New Party Wall Guidance Note', Journal of the RICS
Building Surveying Faculty, 6, p. 3.
 Chynoweth, P. (1996) 'Discovering Damp: What Every Conveyancer Should
Know', Legal Executive Journal, March, pp. 52-53.
 Chynoweth, P. (1995) 'Surveys and Valuations without Claims', Chartered
Surveyor Monthly, October, p.50.
 Chynoweth, P. (1994) 'Making a Start on Church Conservation', Chartered
Surveyor Monthly, January, p.25.

Electronic Articles
 Chynoweth, P. (2006) 'Rights to Light Practice - The Debate Begins', RICS Web
Site, 21st September 2006, http//:www.rics.org

Invited and Keynote Conference Contributions

 Chynoweth, P. (2007) The Ordinary Notions of Mankind: The Research Basis of
Waldram's 0.2% Sky Factor, Invited Presentation to CIBSE Daylight Group
Meeting, Wednesday 24 January 2007, Bartlett School of Architecture, University
College London, London, UK.
 Chynoweth, P. (2003) Party Walls: The Essential Case Law, RICS Building
Surveying Faculty Annual Briefing, Saturday 5 April 2003, East Midlands
Conference Centre, University of Nottingham, UK.
 Chynoweth, P. (2003) Building Surveying Legal Consultancy, RICS Building
Surveying National APC Conference, Friday 4 April 2003, East Midlands
Conference Centre, University of Nottingham, UK.
 Chynoweth, P. (2002) The Role of the Party Wall Surveyor, Keynote
Presentation, Pyramus & Thisbe Club National Conference, Thursday 28
February 2002, Institution of Electrical Engineers, Savoy Place, London, UK.

Book Reviews
 Chynoweth, P. (2004) 'Boundary Disputes: A Practitioner's Handbook', Structural
Survey, Vol 22, No. 1, pp. 65-66.
 Chynoweth, P. (2000) 'Party Structures: The Party Wall etc Act 1996', Structural
Survey, Vol 18, No. 1, pp. 63-64.

Co-authored Publications
 Osaji, E, Hudson, J., Chynoweth, P. & Lee, A. (2005) 'The Importance of 3D to
nD Modelling in the Development of the Integrated Design and Construction
Process: Comparative Study Exploration of the Energy Efficiency of a Spheroidal
Tall Office Building' Proceedings of International Conference on Human
Development, Nigeria.
 Osaji, E, Hudson, J. & Chynoweth, P. (2005) 'The Spheroidal Form In
Architectural Morphology: An Exploration', Proceedings of 5th International
Postgraduate Research Conference, Salford.
 Ormerod, M., Green, C. & Chynoweth, P. (2003) 'Developing improved
undergraduate dissertations through dissertation support systems', in Best
Practice in Building Education: Teaching, Learning and Assessment.
 Gomes, J. C., Aouad, G. & Chynoweth, P. (2001) 'National Constraints to Real
Estate Ownership and European Community Law', Proceedings of the First
International Conference of Postgraduate Research in The Built and Human
Environment, 15th-16th March, University of Salford, UK, pp. 229-239.

4
1.3. Proposed Editorial Team, Editorial Board Membership and their Affiliations Comment [VR7]: The EAB
suggested should be
international or regional –
Strong, proactive leadership and direction will be provided by the proposed editor during depending on the focus of the
the early stages of the journal’s life. He will draw ad hoc support and ideas from proposal – and between 20 to
members of the editorial advisory team who will be encouraged to make particular 30 individuals. Top institutions
and authors in the field should
contributions, for example through the editorship of special issues of the journal, be included if possible. It is
according to their subject specialism and geographical location. recommended to recruit a mix
of top experts and upcoming
researchers to ensure activity
Once the journal is established, and based on these experiences, a small editorial team and engagement. Individuals
will be assembled from those who have demonstrated an aptitude and enthusiasm for listed don’t need to have
developing the journal. The roles will be tailored to the strengths of those involved rather agreed to be an EAB member
than to any predetermined division of labour. at this stage.

Depending on the availability of talents, this may involve the appointment of regional
editors, or editors with responsibility for the various areas of substantive law serving the
built environment. At this stage, again depending on the availability of particular talents
amongst the potential editorial team, decisions will also be taken on the inclusion of
additional sections in the journal dealing, for example, with case notes and/or book
reviews.

The journal will establish an editorial advisory board of approximately 30 persons drawn
largely from the existing community of legal scholars working within the built
environment. All those listed below have a record of publication and achievement within
their particular areas of specialism.

They have also each made recent contributions to the development of this academic
community and demonstrated a clear commitment to its continued growth and success.
Their varied backgrounds reflect the international and interdisciplinary nature of the field
with board members being drawn from across the world and representing expertise
within the law of property, construction, housing, planning and the environment in
particular.

Membership of the board will also include senior representatives from the Royal
Institution of Chartered Surveyors (RICS) and the International Council for Research and
Innovation in Building and Construction (CIB), both of which are supportive of the
continued development of an academic legal research tradition within their fields of
operation.

 Full Name, Institution’s name, country

1.5. Editorial Operations

The proposed editors are planning to manage the review process via ScholarOne
Manuscripts. [The regional editors would oversee the review process of the regionally-
oriented manuscripts. The news/review section editor would collaborate with both
proposed editors and the regional editors].

EDITORIAL INFORMATION
Comment [VB8]: The
rationale should clearly state
the reasons for the proposed
2.1. Rationale for Launching the Proposed Journal: (Please explain how the proposed title, supported by well founded
journal enhances provision for the relevant scholarly and practitioner communities) arguments on how the field of
research has evolved to
require such a journal. It
2.1.1. Existing journal provision should be accurate and
persuasive.

5
The proposed journal responds to a significant gap in the existing provision of academic
journals in both the legal and built environment fields. It will bridge the divide between the
two academic communities and will attract high quality legal research contributions from
legal scholars for publication in a built environment context.

Although a small number of the existing built environment journals make brief reference
to legal topics within their editorial objectives and scope, this is typically provided by the
editorial team in the form of separate legal updates for practitioners rather than by way of
scholarly articles forming a mainstream part of the journal. No built environment journal,
in reality, is currently able to attract more than a token number of high quality academic
legal articles from contributors, and the majority attract none at all (see also, para. 2.8.2
below).

Many legal scholars report a reluctance to submit serious research-based articles to built
environment journals based on previous unhappy experiences of peer review by
reviewers with no experience of the epistemological and methodological aspects of legal
scholarship. These difficulties are often compounded by inappropriate citation
requirements for legal contributions (typically based on the Harvard referencing system)
by journals within the built environment.

Academic legal journals, on the other hand, typically define themselves in terms of the
narrow areas of substantive law studied by lawyers rather than by reference to the
particular contexts (for example, the built environment) in which law might be applied.
This emphasis on the business needs of the legal profession has also inhibited many law
journals from ridding themselves of their “trade school mentality” and from developing
their subject as a coherent academic discipline in the terms now required by modern
universities (Cownie 2004).

These new requirements place an increased emphasis on the theoretical, policy,

interdisciplinary and international aspects of the law than has traditionally been the case.
The dominance of the continuing paradigm of law as a trade school activity causes
particular problems for legal scholars operating within the built environment where more
mainstream academic practices are readily embraced by other areas of research within
the discipline (and, in particular, within its management and economics research).

As a consequence, legal scholars researching the application of law in the various built
environment contexts are poorly served by the existing range of journals. In practice they
are forced to tailor their work, either to the assumptions and mores of the established
built environment journals (with consequent loss of academic credibility with their legal
academic peers) or to the narrow needs of the legal profession (with the inevitable loss of
relevance to the built environment field, and to their wider academic standing within their
universities).

2.1.2. Changing approaches to legal scholarship

Although the above analysis has necessarily focused on the provision of journals these,
of course, simply reflect the traditions and cultural norms of the disciplines which they
serve (Becher & Trowler 2001). Historically, despite the rapid development of the built
environment field over the past 30 years, these factors have inhibited the emergence of
any recognisable tradition of legal scholarship within the field comparable, for example,
with those in the management and economics subject areas (Chynoweth 2006).

Legal scholars within law schools have therefore had to define themselves in terms of the
familiar areas of substantive law favoured by the legal profession. Those within built
environment schools have typically either withdrawn from research entirely (to focus
exclusively on teaching duties), or shifted their research focus to other areas in which

6
they also feel competent to operate (typically management), and which are now well
established within the wider field.

More recently this situation has begun to change. Legal scholars in general have now
started to respond to the demands of the wider academy for research which is more
policy-focused, relevant to the needs of wider society and also, increasingly, international
in its scope (Cownie 2004). Those within built environment schools have also become
increasingly reluctant to confine themselves to teaching duties and have sought a greater
recognition for the research contribution that legal scholarship can make to the wider
field.

2.1.3. New legal research community within the built environment

Within the built environment, these changes are reflected in the rapid development, over
the past two years, of its own recognisable legal research community. This has
consciously adopted the norms and behavioural characteristics of the mainstream built
environment community whilst remaining true to its own epistemological underpinnings
and methodological practices (Chynoweth 2007a).

This approach has resulted in the general acceptance of legal research within the field by
other researchers, as witnessed, for example, by the high levels of attendance at the
W113 Working Commission sessions during the recent CIB World Building Congress in
Cape Town in May 2007. It has also seen a flood of new research contributions from
serious legal scholars who have either recently emerged from a lifetime of research
inactivity, or who had previously chosen to operate entirely within the traditional
academic legal community (Chynoweth 2007b).

The growth of this community has been accompanied by a plethora of legal research
activities, events and other developments within the field. These began with the formation
of the Built Environment Law Network (BEL-NET) over two years ago and with its two
well-attended inaugural meetings, held in London and Hong Kong during April 2006.
These were followed, in September 2006, by the first event in its ambitious programme of
twice-yearly law streams at international built environment conferences.

This event, at UCL during COBRA 2006, was followed by a highly successful stream at
the CIB event in Cape Town in May 2007 where several separate sessions had to be
organised to accommodate the number of law papers being presented. Further events
are already arranged during September 2007 (in Atlanta, US), February 2008 (in Sri
Lanka), September 2008 (in Dublin), July 2009 (in Dubrovnik, Croatia) and, in June / July
2010 (in Salford, Greater Manchester).

The growth of this community has been welcomed by both the RICS and the CIB. They
see its activities as filling a gap in the existing research capacity of the built environment
professions and recognise these developments as a permanent feature of the built
environment research scene. As described elsewhere in this proposal the RICS has
recently entered into a partnership arrangement with BEL-NET for the hosting of regular
law streams at its annual COBRA conference.

In September 2006 the CIB approved the formation of the Law & Dispute Resolution
working commission (W113) led by the new journal’s proposed editor. Based on early
work by this working commission the CIB then approved the formation of three separate
CIB law task groups (TG67, TG68 and TG69) in May 2007. These developments
collectively ensure that legal research will continue to play a significant part in future CIB
activities and that it will therefore occupy a central place in future perceptions about the
nature of research in the built environment.

2.1.4. Need for a new journal & pilot project

7
Meetings of the various groups within the new research community have repeatedly
noted the absence of any natural “journal of choice” for the publication of high quality
academic legal articles dealing with built environment topics. Such a journal would be
broad in scope and would therefore cater for legal topics affecting all disciplinary strands
(for example, construction, housing, real estate) within the built environment. It would
recognise the epistemological and methodological differences between legal scholarship
and other forms of built environment research and this would be reflected in the
membership of its review panel, and in its public pronouncements on acceptable citation
conventions.

Unlike the existing built environment journals it would accommodate high quality
traditional legal scholarship (so-called “doctrinal” or “black letter” articles). However,
unlike many of the traditional legal journals it would particularly welcome the sorts of
articles which young legal academics are now increasingly required to publish in order to
develop their research careers. Its editorial emphasis would therefore be on the
theoretical, policy, international and interdisciplinary aspects of the subject which have
previously been alluded to.

An important aspect of this, and an important bridge with much of the management-
based research within the built environment, would involve an editorial policy which also
welcomed socio-legal (including empirical) studies in a legal context. In view of the
opportunities presented by the international composition of the new community the
journal would also welcome articles from many different jurisdictions and would
encourage those dealing with comparative legal studies of two or more jurisdictions.

The proposed journal would address each of these aspects as described in detail
throughout this proposal. An identical approach was taken with the “Law in the Built
Environment” special issue of Structural Survey (described in para. 2.5 below) which was
edited by the journal’s proposed editor as a pilot project for the current proposal. Its
success in attracting the volume, range and quality of articles eventually published does
seem to support the above analysis, and to confirm the demand for a permanent new
journal along the lines discussed.

2.1.5. References

 Becher, T. and Trowler, P.R. (2001) Academic Tribes and Territories, SRHE and
Open University Press, Buckingham.
 Chynoweth, P. (2006) 'Legal Scholarship in the Built Environment:
Epistemological Considerations and Cultural Challenges', Proceedings of the
RICS Construction and Building Research Conference (COBRA 2006), 7-8
September 2006, University College London, London, UK.
 Chynoweth, P. (2007a) ‘Legal Research in the Built Environment’, in Knight, A.
and Ruddock, L (eds) , Advanced Research Methods in the Built Environment,
Blackwell Publishing, Oxford [In Press]. Comment [VB9]: The
editorial objectives and
 Chynoweth, P. (2007b) ‘Changing Times for Built Environment Legal coverage should be clear,
Scholarship’, Editorial, Structural Survey: Law in the Built Environment Special refined and understandable;
Issue, Vol. 23, Nos. 3 & 4. and should reflect effectively
the research output. They
 Cownie, F. (2004) Legal Academics: Culture and Identities, Hart Publishing, should also be different from
Oxford and Portland, Oregon. the competitive titles. A couple
of sentences on the types of
papers and methodologies
2.2. Editorial Objectives and Coverage: (this should provide a guide to authors as to the sought (e.g. conceptual,
types of papers that will be considered): empirical; qualitative,
quantitative methodologies)
should also be included. For
The journal provides a vehicle for the development of high quality legal scholarship in the instance, think about the types
context of the design, management and use of the built environment. It publishes up-to- and research areas of papers
date and original legal research contributions for the benefit of scholars, policy makers you would like to receive if you
were writing a call for papers.

8
and practitioners in these areas, including those operating in the fields of architecture,
planning, housing, surveying, construction management, real estate and property
management.

It welcomes scholarly legal articles dealing with the application of law in these areas, or
with the related professional and policy aspects. Articles may address legal educational
issues, doctrinal, theoretical or other forms of legal scholarship, or deal with empirical
and socio-legal investigations within a built environment context. In keeping with the
journal’s international scope articles drawing comparisons between two or more
jurisdictions and those offering theoretical cross-jurisdictional legal perspectives are
particularly welcome.

Areas of interest would include:

 The Law relating to Construction Contracts and Procurement

 The Law of Real Property, the Land-Related Torts & Neighbourly Matters
 Landlord and Tenant Law, including Dilapidations, Rent Review and Housing Law
 Planning, Building Control, Conservation & Environmental Law
 Conflict Management, ADR, Litigation & the Expert Witness
 Negligence, Professional Liability and Indemnity
 Comparative Law Studies in the Built Environment
 Private International Law in the Context of the Built Environment
 Jurisprudential and Theoretical Perspectives on Law in the Built Environment
 The Role of Legal Research and Scholarship in the Built Environment
 Law Teaching & Curriculum Development in Built Environment Professional
Education

2.3. Target Market:

Readers (in order of priority)

1. Built environment academics

2. Legal academics
3. Built environment practitioners and policy makers

Authors (in order of priority)

1. Research-active legal academics

2. Research-active built environment academics with appropriate aptitudes and
interests in legal issues
3. Scholarly-minded legal practitioners and policy makers
4. Scholarly-minded built environment practitioners and policy makers with
appropriate aptitudes and interests in legal issues

2.4. Key Research Areas Covered in the Journal:

 Comparative Law
 Construction Law
 Contract Law (aspects of)
 Dispute Resolution
 Environmental Law
 Housing Law
 Jurisprudence
 Law of Building Regulation & Control
 Law of Landlord & Tenant
 Legal Education

9
  Planning Law
 Private International Law
 Property Law
 Socio-Legal Studies
 Tort Law (aspects of)

2.5. Indicative Papers and Authors: (List 10 previously published papers, with Comment [VB10]: Recent,
bibliographic information, and 10 topics or “dream” papers that would be appropriate to the quality and an international
spread of papers, relevant to
new journal.): the scope, are advisable.
Indicate any special issues or
Readers of this proposal are referred to the contents of the recent “Law in the Built book series published in this
Environment” special issue of Structural Survey (2007, Vol. 23, Nos. 3 & 4) which was area. Please include dates of
publications.
published as a pilot project for the current proposal.

The strength of the response to the call for papers was such that eleven papers were
eventually published and the issue was expanded into a double issue. Unusually, for a
law journal, these were contributed by authors from seven different countries and, as had
been hoped, contributions were received from authors operating within both law schools
and built environment schools. In line with the breadth of the “law in the built
environment” theme the papers addressed a wide range of traditional legal subject areas
including property law, construction law, housing law, regulatory frameworks, IT law,
historic buildings legislation and legal education.

As more fully discussed in the editorial, it is also encouraging that the contributions
adopted a variety of methodological approaches within legal scholarship rather than
being drawn from any single research tradition. Finally, although academic authors were
involved in the authorship of every published paper the involvement of practitioners as
co-authors in two of the papers indicates the scope for professional involvement in the
journal over the coming years.

Although it is understood that readers of the proposal will have access to full paper
copies of the special issue the table of contents is nevertheless set out below for ease of
reference:

 Editorial: Changing Times for Built Environment Legal Scholarship, Paul

Chynoweth.
 Legal and Contracting Issues in Electronic Project Administration in the
Construction Industry, Sharon Christensen and Judith McNamara.
 Assessment and Enforcement of Liquidated Damages in Construction Contracts
in Ghana, M.M. Tuuli, B.K. Baiden and E. Badu.
 An Investigation of Evaluative and Facilitative Approaches to Construction
Mediation, Penny Brooker.
 Common Sense Applied to the Definition of a Dispute, Angus Reid and Robert
Ellis.
 The Changing Framework for Conservation of the Historic Environment, John
Hudson and Philip James.
 Evolving Heritage Control and Practice: The Case of Anglican Churches in
English Parishes, John Mansfield.
 Improving Curriculum Theory and Design for Teaching Law to Non-Lawyers in
Built Environment Education, Robert J, Morris.
 Juritecture of the Built Environment: A Different View on Legal Design for Multiple
Use of Land, Danielle A. Groetelaers and Hendrik D. Ploeger.
 Defects in Common Property of Strata Developments in Singapore:
Representative Actions against Developers, Alice Christudason.
 Problems in Enforcing Dutch Building Regulations, Jeroen van der Heijden, Henk
Visscher and Frits Meijer.

10
  Appropriate Real Estate Laws and Policies for Sustainable Development in
Nigeria, Rashidat Adejoke Oladapo and Abiodun Olukayode Olotuah.

2.6. Estimated Size of the Research Community Working in the Field of this Title
(Please provide evidence of the number of researchers currently producing work suitable for
the journal and evidence of the long term sustainability of this paper supply): Comment [VB11]: This is a
very important section as it will
give us evidence of copy and
The continuing rapid growth of the Built Environment Law Network (BEL-NET) since its sustainability of the proposed
formation two years ago suggests that there is still much untapped potential in terms of journal. An approximate
identifying all those who will eventually become active members of the new research number of active researchers
is useful (but if it is too difficult
community. to estimate, please ignore).
You would need at least to
Based on the proposed editor’s efforts over the past two years 320 individuals have so give details on the following:
far subscribed to the BEL-NET email list and others are known to have participated in -The number of researchers in
the top research centres;
various events and activities organised by BEL-NET. The number of active researchers - The number of papers
who would currently identify themselves primarily with “built environment law” as a presented at relevant
distinct field of study is therefore estimated at approximately 400 although this continues conferences and conference
tracks (with their details) or
to grow on a weekly basis. number of relevant
conferences and tracks
It should be noted however that many of the journal’s potential authors will not previously -The number and details of
leading courses given at
have been active members of this distinct research community at the time when they UG/PG levels
contribute a first article. This was the experience with the “Law in the Built Environment” - The number of members of
special issue of Structural Survey where one quarter of the published articles were relevant list servs
- The number of relevant
contributed by newcomers, all of whom have since subscribed to BEL-NET. academic/practitioner
associations/networks with an
The journal’s international reach, the breadth of its stated scope and its ability to attract idea of membership size.
The Emerald staff will in
contributions from scholars from both the law and built environment academic addition check the number of
communities actually means that it will potentially serve an extremely large and diverse papers/downloads published in
academic base numbering into many thousands of individuals. This will include scholars this area.
within every law school worldwide whose work might potentially impact on the built
environment as well as all the legal specialists within the many schools of the built
environment from across the globe.

Which are the leading institutions and centres of excellence in the field? (Use this
section to demonstrate the global spread of interest in this subject area): Comment [VB12]: This
question has been added to
help define the size, level of
research activity within the
2.7. Expected Contributors by Percentage community, and the global
spread of interest in this
subject area.
 Academics 90%
 Practitioners / Consultants 10% Comment [VB13]: If the
practitioner contribution is high,
please explain how you will
2.8. Competition Analysis (Please list any outlets for the dissemination of research in the achieve this high contribution
area even if the areas of coverage does not overlap completely. For each publication, please from the industry, by for
give the following information: instance recruiting a
practitioner editor.
Title: Comment [VB14]: In this
Publisher: case, competition is not
existent. However it is
Editor: essential to detail for each
Strengths: competitive title its strengths,
Weaknesses: weaknesses and most
What differentiates the proposed title? importantly how the proposed
journal differs from the
competitive title (e.g. scope
2.8.1. Absence of direct competition and coverage of the existing
journal; quality of papers; type
of contributors; audience;
There is no direct competition to the proposed journal for the reasons described in detail papers focusing on a particular
within para. 2.1 above. region, etc.)

11
The broad scope of the new journal includes topics which have traditionally appeared in
an extremely large range of journals in both fields. The journal would therefore draw
articles from the full range of existing journals in both the law and built environment
subject areas as well as from the many scholars who have only become research active
following the development of the BEL-NET research community.

The quantity and breadth of research areas listed in para. 2.4 of this proposal provide
some indication of the volume of traditional law journals that might potentially be affected
by this. Many journals are published in each of these areas and all will have previously
included articles that would more comfortably fit within the proposed journal.

Similarly, the number of built environment journals affected can be gauged by the broad
range of vocational professional areas included within para. 3.2. Once again, a
considerable volume of journals serve each of these areas and a small number of legal
articles have certainly appeared within them in previous years.

The proposed journal therefore serves a niche which is not currently catered for by the
existing journals rather than challenging particular journals which could accurately be
seen as competitors. Although there would be some impact on submissions to existing
journals the number of journals affected, and the small number of legal articles
submitted, to the built environment journals in particular, suggests that this would be
minimal.

2.8.2. Legal articles submitted to Emerald journals

The above analysis is illustrated by the small numbers of legal articles actually submitted
to the four 1 Emerald journals which include legal issues within their published editorial
objectives and scope. Over the past 10 years (1998 – 2007) regular issues of these
journals have published a total of 677 articles but only 19 of these (2.8%) have
addressed legal subject areas.

The poor levels of legal contributions to these journals can be contrasted with the
popularity, amongst legal authors, of the two dedicated special legal issues of Structural
Survey which the proposed editor has edited over recent years. The John Anstey
Memorial Issue (2000, Vol. 18, No. 5) attracted 10 legal articles by external contributors
whilst the forthcoming Law in the Built Environment Special Issue (2007, Vol. 25, Nos. 3
& 4) will include a further 11 such articles when it is published on 7th September.

These experiences indicate that, whilst being reluctant to submit legal articles to journals
with a generic built environment identity, legal authors will readily contribute to a
dedicated legal publication within the built environment. Both of the special issues
therefore attracted a greater level of contributions than had been anticipated and the
sales record of the already published John Anstey issue also illustrates the well known
demand for legal scholarship from practitioners, in addition to that from the academic
world. When taken together with the recent growth of a distinct legal research community
within the field, these factors suggest that a healthy demand does now exist for a
permanent legal journal within the built environment.

Portfolio fit: Comment [VB15]: The

Please consider how the proposed title relates to other titles in the relevant Emerald portfolio. proposed title needs to fill a
clear gap in the literature or
complement existing journal
- Which Emerald subject portfolio do you see the proposed journal fitting in? titles within the relevant
Built Environment Emerald portfolio.

1
Journal of Engineering, Design and Technology; Journal of Property Investment & Finance; Property Management;
Structural Survey.

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- How does the proposed title enhance the subject listing and which existing publications will
offer the best opportunity for cross-promotion?
This will be the only title in the portfolio to cover the subject of law within the Emerald
Built Environment collection and will therefore add significant value to the portfolio.

MARKETING INFORMATION

3.1. Unique Selling Points (USPs) Comment [VB16]: This

(At least 2 USPs please. These might be phrased as 'this will be the only journal to do x' or section should state the unique
positioning of the proposed
'this journal will be the best for x'. How is the journal different from other journals in the same journal, relevant and appealing
field? Alternatively (or as well as), include great reasons to write for the journal.) to the subject community.
Examples of poor USPs are:
1. The only journal catering for serious legal scholarship across the broad range of -“This will be the only journal to
discuss the latest issues on…
built environment subject areas. - The journal will have a global
audience
2. The only built environment journal capable of attracting significant contributions - The journal will be the best
platform for discussion among
from law school based scholars due to: academics and practitioners.”

 clear identification as a law journal

 a legally qualified editorial team with an understanding of both the legal
and built environment academic communities
 a house style conforming to the academic and publishing conventions of
the academic legal community

3. Choice and breadth of coverage ensures close identity with the growing built
environment legal research community and maximises the potential pool of
authors.

4. International scope provides an unusual opportunity for legal academic authors to

enhance their international research standing.

5. Encouragement of a range of scholastic styles will produce an exciting and

forward looking journal which is fully in line with universities’ expectations about
future patterns of legal research, and therefore with academic career
expectations.

6. Part of the established Emerald portfolio of journals providing complete coverage

of topics within the built environment.

3.2. Professions and Industries that this title would appeal to in the private and/or
public sectors:

 Building Design
 Building Control
 Construction Management
 Environmental Management
 Housing
 Planning
 Property & Facilities Management
 Real Estate Development, Valuation & Appraisal

3.3 Pre-launch promotional plan:

13
(How do you envisage establishing the journal’s visibility at key events and attracting papers
from a wide-range of respected authors during the year before the journal is launched and
thereafter? List conferences where the proposed title could be promoted, organisations,
scholarly and professional societies which could be approached with calls for papers and
listservs where journal news could be posted.)

Conferences:
 American Real Estate Society (ARES) Conferences 2008 / 09
 Asian Real Estate Society (AsRES) Conferences 2008 / 09
 Association of Researchers in Construction Management (ARCOM) Conferences
2008 /09

 CIB (W089) Building Education & Research Conference 2008

 CIB (W055, W065 and W113) Joint Symposium 2009
 CIB World Building Congress 2010

 European Network for Housing Research (ENHR) Conferences 2008 / 09

 European Real Estate Society (ERES) Conferences 2008 /09

 RICS Construction & Building Research (COBRA) Conferences 2008 /09

 Society of Legal Scholars (SLS) Conferences 2008 / 09

 Socio-Legal Studies Association Conferences 2008 /09

Associations and Societies:

 CIB W113
 RICS
 European Network for Housing Research (ENHR)
 Socio-Legal Studies Association (SLSA)

Please see below for more details.

Listservs and Mailing Lists:

Promotional opportunities for the new journal [with the primary promotional responsibility
identified in square brackets] would include the following:

 To all CIB members via the regular electronic CIB Information Bulletin [Editor,
making use of existing contacts within CIB].

 To RICS members via email newsletters [Editor, making use of existing contacts
within RICS] and mail shots [Emerald].

 To existing Emerald contacts in the property and real estate fields, with the
emphasis placed on the new journal’s place in completing the suite of journals
serving the built environment [Emerald].

 To the built environment academic community via CNBR list [Editor / Emerald].

 To members of the discrete built environment law community via the BEL-NET
list [Editor / Emerald].

 To all UK legal scholars via mailings to the relevant subject sections (eg Property
& Trusts and Comparative Law) of the Society of Legal Scholars (SLS) [Editor].

14
  To socio legal scholars via the regular SLSA new postings and news section
emails and via postings to the SLSA website (Editor)

 To law schools internationally, via paper or electronic mail shot to Heads of

School, utilising information compiled from the International Association of Law
Schools (IALS) [Emerald].

3.4. Partnership Opportunities Comment [VB17]: Partners

(With reference to the plan above, which organisations/societies/conferences do you and can include academic and
professional
other members of the editorial team already have links with, e.g. as members, regular associations/organisations
attendees, keynote speakers? How do you plan to use these links for the benefit of the involved in the subject area of
proposed journal? ) the proposed title, and with
whom a link is potential. It is
necessary to detail how this
 CIB W113 Official Journal will benefit the proposed
journal.
The new journal would be recognised and promoted as the official journal
of CIB Working Commission on Law & Dispute Resolution (CIB W113)
which is led by the proposed editor.

 CIB Encouraged Journal

The CIB General Secretariat have confirmed that they would be prepared
to grant the status of “CIB encouraged journal” to the new journal on the
same basis as that already afforded to the following 3 Emerald journals:

1. Construction Innovation
2. Engineering, Construction & Architectural Management
3. Structural Survey

 BEL-NET Official Journal

The identity of the new journal would also be synonymous with that of the
Built Environment Law Network (BEL-NET) which is also led by the
proposed editor. The journal would feature strongly on the BEL-NET
homepage and would be regularly promoted via postings to the BEL-NET
email list and at law conference streams hosted by BEL-NET.

 Royal Institution of Chartered Surveyors (RICS)

The RICS are supportive of the proposed editor’s current work in

developing legal scholarship as a distinct strand of research within the
wider built environment research community. The Institution has already
entered into a partnership arrangement with his Built Environment Law
Network (BEL-NET) to host law streams at the annual RICS COBRA
Conference. This arrangement ran successfully at the 2006 COBRA
conference at UCL and is being repeated at COBRA 2007 (in Atlanta)
and COBRA 2008 (in Dublin). It is envisaged that this partnership will be
extended to include publication of worked up COBRA law stream papers
in the new journal.

 European Network for Housing Research (ENHR)

CIB W113 enjoys a partnership arrangement with the ENHR Legal

Aspects of Housing, Land and Planning Working Group (ENHR W09).
This involves the shared use of the BEL-NET email list and the joint
participation at events of mutual interest. Most recently members of W113

15
 joined W09’s workshop sessions at the ENHR Conference on Sustainable
Urban Areas (ENHR 2007) in Rotterdam in June 2007. The breadth of
scope of the new journal will ensure that it provides a common resource
for ENHR W09 as well as for CIB W113.

 Socio-Legal Studies Association (SLSA)

Through his contacts with the SLSA Executive Committee the proposed
editor has already developed recognition for the concept of built
environment law as a coherent subject area, with a view to establishing a
separate built environment law section within the Association. The new
journal would be promoted via the SLSA’s web site and would assist the
further development of built environment law within the Association.

Is this proposal under consideration with any other Publisher?

No

Has Emerald considered this proposal before?

No

REFEREES

Please provide the names, addresses and email addresses of five researchers
in this field who can be contacted to discuss this proposal.

Acknowledgement
Emerald is grateful to Paul Chynoweth for permission to use his proposal for the International
Journal of Law in the Built Environment.

16