That may be true, but I think negotiating on that basis should not precede efforts to tackle a more fundamental issue - that ISAF council members have by their own admission violated their own regulations and ignored IOC guidance in reaching their decision.
I guess one has to be like Jack the Ripper in this case: take it part by part.
Many important issues emerged from ISAF's controversial decision and the obvious short term action for multihullers is to somehow negotiate the inclusion of multihulls in the 2012 games. Other issues, however important, are for the medium and long term.
ISAF's illogical decision process, confrontation with IOC guidance, etc. will help negotiate a better deal, but in reality I wouldn't expect anyone to genuinely try to fix the system right now or in the short term. More likely those will be used as negotiation tools.
That said, you are absolutely correct: the fundamental problem is in the system itself, that allows the council to ignore everything else and take any decision they like.