Final answer:
A Non-binding Agreement is one made by a government representative without the authority to legally bind the government. In U.S. law, executive agreements can be used similarly to treaties, but they require different levels of congressional approval.
Step-by-step explanation:
An agreement that is not binding solely because the Government representative who made it lacked the authority to enter into that agreement on behalf of the Government is known as a Non-binding Agreement. When government officials enter agreements without proper authorization, the agreements they enter into lack legal force and are not considered valid commitments by the government. This scenario often occurs when the representative steps outside the bounds of their given authority.
In U.S. constitutional practice, for an international agreement to have the full force of law, certain processes must be followed. For example, treaties require negotiation by the President, approval by a two-thirds vote in the Senate, and eventual ratification by the President.
However, executive agreements, which can take several forms including sole executive agreements and congressional-executive agreements, are frequently used and require different levels of approval. The former can be approved by the President alone, while the latter need a simple majority in both the House and the Senate. The Supreme Court has recognized executive agreements as legally equivalent to treaties as long as they do not contradict existing federal law.