examining the potential challenges | 10.1163/22131035-14020001 7 2.2 Nature of ai ai in its broadest sense, is intelligence exhibited by machine to mimic human activity.24 Machines learn from data with the aid of ‘algorithms’.25 ai, meanwhile, typically depends on ‘algorithms’ to help simulate human intelligence, and in many but not all cases, the purpose of ai is to perform tasks or make decisions automatically.26 Algorithms refer to ‘a set of defined rules, designed to guide the operation of a task, often with a limited level of opportunity to introduce personal intuition’.27 Although ‘algorithm’ is commonly used to describe ai, most computers operate through a set of algorithms that cannot produce the level of intelligence exhibited by ai.28 This is because they have not been programmed to achieve such level of human intelligence. Their purpose is completely unrelated to ai. They use simple rules-based procedures programmed by humans, while ai is a broader concept referring to computer systems that can learn and make decisions on its own like humans.29 Of particular importance to this paper is ai machine learning systems which describe advanced algorithm models. Machine learning helps train ‘sophisticated’ algorithms to achieve the level of ai.30 These kinds of ai possess improved capability to resolve problems by generating predictions, rules, answers, or advice (outputs).31 Machine learning itself is a ‘computer algorithm’ that has the ability to ‘learn’ or improve in performance over time relating to some task.32 It encompasses a broad range of techniques that enable computers to learn from and make inferences based on ‘massive data’ without 24 25 26 27 28 29 30 31 32 Avron Barr and Edward Feigenbaum (Eds.), The Handbook of Artificial Intelligence (USA: HeurisTech Press, 1981) 3. See also 2024 Council of Europe Framework Convention on Artificial Intelligence and human rights as well as the European Union ai Act (Regulation (EU) 2024/1689). Awotula, (n 2) at 5. Christopher Tozzi, ‘Algorithms vs. Automation vs. ai: Understanding the Differences’ <https://www.datacenterknowledge.com/automation/algorithms-vs-automation-vs-ai -understanding-the-differences> accessed 30 September 2025. Awotula, (n 2) at 5. Ibid. Tozzi, (n 26). Philip Sales, ‘Algorithms, artificial Intelligence and the Law’ (2021) 105 Bolch Judicial Institute, Duke University School of Law; Paula Arias, ‘Artificial intelligence & machine learning: A model for a new judicial system?’ (2020) 3 Revista Internacional Jurídicary Empresarial 84. Awotula, (n 2) at 5. Harry Surden, ‘Machine learning And law’ (2014) 89(1) Washington Law Review 88; Kate Jones, ‘ai governance and human rights Resetting the relationship’ January 2023, Research paper at 5. International Human Rights Law Review (2025) 1–31