This is an archived snapshot of W3C's public bugzilla bug tracker, decommissioned in April 2019. Please see the home page for more details.
In section 3.1.6 (named function references) we say If the function referenced by a NamedFunctionRef is a context-dependentFO30 built-in function [err:XPST0112]. [which is not the usual editorial style, but that's by-the-by] Similarly in 3.1.5: It is a static error if a static function call is a partial function application and the identified function is a context-dependentFO30 built-in function [err:XPST0112]. Constructor functions for xs:QName, xs:NOTATION, and other namespace-sensitive types should also be included in this category. The spec for function-lookup does not restrict the rule to built-in functions: If the function that is identified is ·context-dependent·, fn:function-lookup returns a function but it would be useful to add an example to demonstrate that namespace-sensitive constructors are also affected.
It's no longer an error to use context dependent functions in these contexts. The bug is moot. (Editorially, the example might be worth adding to the spec.)