On the capsize issue, it seems to me that this should be addressed the same way
that the FAA did for load limits (G factors).

Differentiate by heeling moments - ie sail area and wind strength.

Rather than trying to say that a particular layout is "safe", determine the
allowable wind strength for different sail arrangements.

Top sails, sky sails and lighter kites for lighter conditions and strip down
for higher (Or Rated) winds.