The op makes a good point.
From my understanding there is no "auto-flagging" system. So these so called "pvp" servers are really just server where people may flag themselves, and suffer the consequences. The only incentive to become an outlaw would be to engage in a fight that you know you could win. People may stay unflagged and only be attacked by the minority that has autoflagged themselves. World PvP is suppose to be spontaneous, this system destroys that.
Really hope Enmasse addresses this.