What Pete is looking for is something like what they use in iceboating, where the windward boat has the right of way when going off the wind (freedom to bear away in a puff).
It is possible to change Rule 11 in the SIs, although I've never seen the language they use for iceboating.
I think it opens up a whole new can of worms - that doesn't need opening. I've seen (and been in) a few close calls, but usually it's between a boat going upwind and a boat going downwind.
This would not prevent port / starboard situations from occurring between upwind / downwind boats, which is where most of the danger comes from.
The other thing Ice Boats have experimented with is having Darling marks on the course.Prevents boats from rounding weather mark and gybing right away onto starboard.Also prevents boats from coming in right on the port tack layline,or coming in hot on the starboard layline downwind.
