It isn't LEGAL without ratification.
Not exactly true. The Senate doesn't actually make the treaty ratified, only advises and consents, to its ratification:
"The Senate does not ratify treaties—the Senate approves or rejects a resolution of ratification. If the resolution passes, then ratification takes place when the instruments of ratification are formally exchanged between the United States and the foreign power(s).
...
In addition to treaties, which may not enter into force and become binding on the United States without the advice and consent of the Senate, there are other types of international agreements concluded by the executive branch and not submitted to the Senate. These are classified in the United States as executive agreements, not as treaties, a distinction that has only domestic significance. International law regards each mode of international agreement as binding, whatever its designation under domestic law. ...
...
Another factor has been the passage of legislation authorizing the executive branch to conclude international agreements in certain fields, such as foreign aid, agriculture, and trade. "
Read the Fox article carefully