Declaration of Judge ad hoc Kreca
Although 1voted in favour of the operative parts of the Court's Order,
1 shall also make some observations on and amplifications to some aspects
of the concept of a counter-claim and its application to this particular case.
1. The Order essentially qualifies a counter-claim as "independent",
"an autonomous legal act" (para. 27) though, it seems to me, this is with
a certain amount of caution (reservutio mentulis). That is to Say, the
Court states that the "counter-claim is independent of the principal claim