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In various places the XQuery Update specification updates the namespace bindings for a given element. However, no mention is made of the case when a given namespace prefix is already bound to a namespace URI, and cannot be removed since it is in use by another attribute or the element itself. I would suggest that either this is an error case, or that the inserted or modified node should adopt a new application generated prefix.
John, Thanks for your comment, which was discussed by the working group on 13 Feb 2007. The working group agrees with your comment. In the next draft of the specification, error conditions will be identified whenever an updating expression would generate a namespace binding that conflicts with an existing binding of the same prefix. New error codes XUDY0023 and XUDY0024 will be defined for this purpose. When you have reviewed the changes in the next draft, if you are satisfied, please change the status of this bug to Closed. Regards, Don Chamberlin (for the Query Working Group)
A new draft of XQuery Update has been available and there has been no objection to the resolution of this bug. Because you are a member of the WG and have had the opportunity to review and object to the solution, but have not done so, we are marking the bug CLOSED.