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RE: XSLT 2.1 Working draft (date: 11 May 2010), Section 15.4: In the paragraph for the error code ERR XTSE2210 it describes a static error, i.e. "it is a static error if there are two xsl:merge-key grandchildren of an xsl:merge instruction...." Given that we are comparing the "effective values for any of the [merge-key] attributes" the process can generate dynamic errors, therefore I think this should be a dynamic error.
Agreed. (We should make it dynamic and add the usual phrase "may be reported statically if detected statically).
The status quo text has now been changed as indicated and I am therefore marking the bug closed.