It seems that most AAA roleplaying games in an MMO like Swtor or ESO avoids open world conflicts and political struggles within their own borders.
Ultima Online and Age of Conan had a poor system to handle gankers in general, and same had Shadowbane with a few safezones. Although, it was a great player driven MMO setting with old guilds who battled amongst eachother
in new campaigns that lasted for 8 years before UBI closed the door. When you found a decent guild in Shadowbane or old Ultima Online a ganker ain't a problem, but it's more fun, or like a challenge when you're used
to open PvP worlds like Darkfall and soon Unholy Wars.
So what could ESO have done to avoid factions alltogether, and to implement more an open world PvP driven with similar plots you see in Skyrim or in ESO that different provinces fought for power, or greed, perhaps political reasons to claim the new Emperor of Tamriel.
A ganker in Skyrim could sit in prison in like 5 hours in game if he got caught and they had a decent laws to balance such behaviours. And a typical ganker would think how to exploit the system like laws.
I won't sit in prison for 5 hours, because I got caught murder someone so I will create a new character in a different land and start ganking, but they had similar laws in other provinces
of Tamriel as well. So it ain't that easy to exploit unless a ganker create a lot of characters when their lockpick is broken trying to escape prison in old fashion Skyrim style..
Well, just a few personal opinions how great this game could have been with other methods how to develop an exciting MMO, which is actually a challenge and you feel -
dangers exploring the wild, and outskirts of major cities in Tamriel.