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This is a newer function that has not the right signature. Since the node is often calculated by means of a path expression, we should allow empty: 11.1.1 fn:resolve-QName fn:resolve-QName($qname as xs:string?, $element as element()?) as xs:QName? ... If the $qname has a prefix and if there is no namespace binding for $element that matches this prefix or $element is the empty sequence, then an error is raised [err:FONS0004].
The working group considered this comment at its meeting today and decided not to accept it. For rationale, please see bug 1467.